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Camacho v. Kelley

United States District Court, W.D. Arkansas, Fayetteville Division

May 16, 2017

MANUEL ENRIQUE CAMACHO PETITIONER
v.
WENDY KELLEY, Director Arkansas Department of Correction RESPONDENT

          OPINION AND ORDER

          TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

         Currently before the Court is Petitioner Manuel Enrique Camacho's Objections to the Magistrate Judge's Report and Recommendation (Doc. 97), filed on December 16, 2016. Camacho filed his Petition for Writ of Habeas Corpus (Doc. 1) in this Court on April 13, 2012. The Report and Recommendation ("R&R") (Doc. 96) filed by United States Magistrate Judge James R. Marschewski on November 29, 2016, advises the Court to dismiss Camacho's Petition. For the reasons stated herein, the Court ADOPTS the R&R and DISMISSES Camacho's 28 U.S.C. § 2254 Petition.

         I. BACKGROUND

         Though the R&R sets forth this case's factual and procedural history, a brief recounting is useful to frame the Court's analysis herein. Camacho pleaded guilty in Benton County Circuit Court to capital murder on July 11, 2008. In October of that year, Camacho began pursuing post-conviction relief in state court in accordance with Arkansas Rule of Criminal Procedure 37. After the Arkansas Supreme Court denied his requested relief, Camacho filed the instant Petition pursuant to 28 U.S.C. § 2254. On November 6, 2013, this Court dismissed the Petition as having been untimely filed. The Eighth Circuit then reversed on appeal, vacated the Court's dismissal, and entered judgment remanding the case for further proceedings. (Doc. 34). After the Government filed, and the Supreme Court denied, a petition for writ of certiorari. Magistrate Judge Marschewski set the matter for an evidentiary hearing on April 19, 2016. For reasons not germane to this Opinion, the evidentiary hearing was delayed until November 8, 2016. At the hearing. Magistrate Judge Marschewski took testimony from Dr. Pablo Stewart, who conducted a mental health evaluation on Camacho for use in the underlying state proceedings; Judge Tom J. Keith, who presided over those proceedings; and attorneys Tim Buckley and Kent McLemore, who were Camacho's attorneys throughout those proceedings.

         Magistrate Judge Marschewski then issued his R&R on November 29, 2016. The R&R summarizes Camacho's claims as follows, before addressing each in turn:

1. His guilty plea was coerced;
2. His trial counsel was ineffective by:
a. failing to provide an interpreter at each court proceeding and during discussions with him,
b. failing to ensure that mental-health evaluations were completed prior to the entry of a guilty plea to determine competency to stand trial,
c. inducing him to enter a guilty plea,
d. failing to conduct an adequate pre-trial investigation, and
e. failing to move to dismiss the charges on speedy-trial grounds;
3. He was actually and constructively denied counsel due to a delay in consular notification; and
4. The State engaged in prosecutorial misconduct by failing to disclose to the defense until jury selection had begun the fact that a gun had been located ...

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