United States District Court, E.D. Arkansas, Pine Bluff Division
Wayne Halbrook, Plaintiff, Pro Se.
Kelley, Defendant, represented by Ashley Argo Priest,
Arkansas Attorney General's Office.
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE, Magistrate Judge.
following recommended disposition has been sent to United
States District 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 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 a waiver of the right to appeal
questions of fact.
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a new
hearing for this purpose before either the District Judge or
Magistrate Judge, you must, at the time you file your written
objections, include the following:
the record made before the Magistrate Judge is inadequate.
the evidence to be proffered at the new hearing (if such a
hearing is granted) was not offered at the hearing before the
details of any testimony desired to be introduced at the new
hearing 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 new hearing.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and "Statement of Necessity" to:
November 3, 2014, Petitioner Jason Halbrook pleaded guilty to
two counts of aggravated assault upon a certified law
enforcement officer, one count of criminal mischief, and one
count of second degree battery. (Doc. No. 12 at 9-11.) He was
sentenced to concurrent eighty-four months' imprisonment
with an additional thirty-six months suspended imposition of
sentence. ( Id. ) The conviction arose from a night
when an intoxicated Mr. Halbrook began destroying his rental
property with a metal bat and his landlord calling the
police. (Doc. No. 2 at 4.) After Mr. Halbrook was placed in
the officer's patrol car, he spit blood on the officer
from the back seat through the cage and struck the officer in
the right side of his face and back of his head. (
Id. ) Mr. Halbrook was still combative when he
arrived at the jail so he was placed in restraints. While the
jailer was securing him, he "head butted a jailer on the
top of the head causing a knot..." ( Id. )
Halbrook did not appeal his conviction, nor did he file any
post-conviction relief in the state court. He filed the
current Petition on April 1, 2016, alleging that his
conviction was invalid because he was charged with two counts
of the same offense. ( Id. ) According to Mr.
Halbrook, "This is Double Jeopardy." ( Id.
at 7.) ...