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Geatches v. Kelley

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

November 13, 2016

MICHAEL L. GEATCHES, ADC #161041 PETITIONER
v.
WENDY KELLEY, Director, ADC RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE, UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Judge James M. Moody, Jr. 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.

         If you 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:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the new hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. 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.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

         DISPOSITION

         I. BACKGROUND

         On May 11, 2015, Mr. Geatches pleaded guilty in Crawford County Circuit Court to second degree sexual assault of a seven-year-old girl. (Doc. No. 9-4.) The circuit court sentenced him to twelve years' imprisonment with an eight-year suspended imposition of sentence. (Id.) Mr. Geatches did not appeal his conviction. See Ark. R. App. P.-- Crim.1(a). He filed a Rule 37 petition (Doc. No. 9-5) six months too late, and it was dismissed as untimely. (Doc. No. 9-6.) Mr. Geatches appealed to the Arkansas Supreme Court, and that appeal is still pending.[1] However, on July 27, 2016, Mr. Geatches filed a motion to dismiss the appeal because he “failed to file a brief in support . . . in time.” (Doc. No. 9-7.)

         On June 13, 2016, Mr. Geatches filed the current Petition for Writ of Habeas Corpus alleging five grounds of ineffective assistance of counsel and four grounds of prosecutorial misconduct. (Doc. No. 2.) Respondent argues all claims are procedurally barred (Doc. No. 9), and for the following reasons, I agree.

         II. ANALYSIS / ...


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