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Robinson v. Kelley

United States District Court, E.D. Arkansas, Pine Bluff Division

March 1, 2016

RONALD E. ROBINSON ADC # 108877 Petitioner,
v.
WENDY KELLEY, Director, Arkansas Department of Correction, Respondent.

PROPOSED FINDINGS AND RECOMMENDATIONS

JEROME T. KEARNEY, Magistrate Judge.

Instructions

The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. 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 Court 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 District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

From this submission, the 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:

Disposition

BEFORE THE COURT is the Petition for Writ of Habeas Corpus filed by Ronald Robinson on May 21, 2015 (Doc. No. 2). Respondent Wendy Kelley filed a response on September 15, 2015 (Doc. No. 12). Petitioner did not file a reply. After reviewing the Parties' briefing and the available evidence, the Court finds that the current action should be DISMISSED.

Background

In 2009, The Hot Springs County Circuit Court found Petitioner, Ronald Robinson, guilty of two counts of attempted first-degree murder and two counts of first-degree battery. The court filed the Amended Judgment and Commitment Order on January 6, 2010, which included an enhancement for committing a felony with a firearm. Petitioner received 135 years' imprisonment in the Arkansas Department of Correction. On June 30, 2010, Petitioner directly appealed his conviction to the Arkansas Court of Appeals, with arguments that the trial court erred by 1) denying his request for a continuance, 2) denying his motion for a directed verdict, 3) denying the lesser-included instruction on second-degree battery, and 4) failing to exercise discretion in running his sentences consecutively. The Arkansas Court of Appeals affirmed the conviction on November 17, 2010. Robinson v. State, 2010 Ark.App. 772.

On February 7, 2011, Petitioner filed a motion for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1, alleging his counsel was ineffective for 1) failing to point out that the State failed to offer forensic proof that he fired a weapon in the motion for directed verdict, 2) not impeaching witness Jeff Andrew Traylor's testimony at trial, 3) failing to adequately support the motion for a continuance based on the State's failure to give timely notice that it intended to call "Mr. [James] Harris" as a witness, 4) "failing to offer support" for his request for a jury instruction on second-degree battery as a lesser-included offense and for not "federalizing" the issue to allow for subsequent review of the issue in a habeas-corpus proceeding in federal court, and 5) failing to object when the trial court ordered his sentences to be served consecutively as recommended by the jury. The Hot Springs Circuit Court ...


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