United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
J. THOMAS RAY, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge Brian S. Miller. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the United States District Judge, you must, at the same time that you file your written objections, include a "Statement of Necessity" that sets forth the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge.
3. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge.
From this submission, the United States District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and "Statement of Necessity" to:
Pending before the Court is a 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus filed by Petitioner, Cardell Christopher, an inmate in the Arkansas Department of Correction. Doc. 2. Respondent has filed a Response, Doc. 9, and Petitioner elected not to file a Reply, see Docs. 10-12. Thus, the issues are joined and ready for disposition.
Before addressing Petitioner's habeas claims, the Court will review the procedural history of the case.
On June 17, 2010, Petitioner appeared in Columbia County Circuit Court and entered a negotiated guilty plea to one count of first degree murder. He was sentenced to 360 months of imprisonment. Doc. 9-1; Doc. 2, at 25-31. Because his guilty plea was not conditional, Petitioner waived his right to a direct appeal. See Ark. R. App. P.-Crim 1(a); Ark. R. Crim. P. 24.3(b) (2010).
On April 14, 2011, Petitioner filed a state petition for writ of habeas corpus in Lincoln County Circuit Court. Doc. 9-2. See Ark. Code Ann. § 16-112-101 to -123. After the Court entered an order denying the ...