Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lane v. Kelley

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

November 14, 2017

ADAM EUGENE LANE ADC #155843 PETITIONER
v.
WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT

          RECOMMENDED DISPOSITION

          J. THOMUS RAY, UNITED STATES MAGISTRATE JUDGE

         The following Recommended Disposition (“Recommendation”) has been sent to United States District Judge D. P. Marshall Jr. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection; and (2) be received by the Clerk of this Court within fourteen (14) days of the entry of this Recommendation. The failure to timely file objections may result in waiver of the right to appeal questions of fact.

         I. Introduction

         Pending before the Court is a 28 U.S.C. § 2254 Petition for a Writ of Habeas Corpus filed by Petitioner, Adam Eugene Lane (“Lane”), an Arkansas Department of Correction (“ADC”) inmate. Doc. 2. Before addressing Lane's claims, the Court will review the procedural history of the case.

         On October 2, 2013, Lane appeared in Sebastian County Circuit Court and pleaded guilty to one count of being a felon in possession of a firearm. R. at 63-65.[1]He was sentenced to six years of imprisonment, followed by four years suspended imposition of sentence (“SIS”). R. at 73-77. He signed a document outlining the written terms and conditions governing his behavior during the period of his SIS. R. at 64.

         On December 8, 2014, Lane was paroled and released from the ADC. R. at 127-28. In January 2015, Lane failed to report to his parole officer, was not at his approved residence during a home visit, and was allegedly staying at a motel in Fort Smith without having received permission from his parole officer. R. at 116-17, 126-27. On January 27, 2015, Lane was located at the motel in possession of a handgun and eight baggies containing over two grams of methamphetamine. R. at 123-24, 140-45, 154-58.

         On February 3, 2015, the State filed a petition to revoke, alleging that Lane had violated the conditions of his SIS by committing the offenses of simultaneous possession of drugs and firearms, possession of methamphetamine with purpose to deliver, possession of drug paraphernalia, and being a felon in possession of a firearm. R. at 79-80. The petition further alleged that Lane had associated with a known felon, and failed to pay restitution, fines, costs and fees. R. at 80.

         On April 8, 2015, the Sebastian County Circuit Court conducted a revocation hearing. R. at 107-63. At the end of the hearing, the Court found that Lane had violated the conditions of his SIS by: (1) simultaneously possessing drugs and firearms; (2) possessing methamphetamine; and (3) failing to pay his restitution, fines, and court costs and fees. Doc. 11-3, at 41.[2] The Court stated that judgment of conviction would be entered and Lane would be sentenced to fourteen years in the ADC. Id. On April 14, 2015, the Court entered a Sentencing Order: (1) imposing judgment on the felon-in-possession charge; and (2) sentencing Lane to fourteen years in the ADC. R. at 93.

         Lane appealed, arguing that the trial court failed to comply with two statutory provisions regarding SIS revocations: (1) not providing a written statement of the evidence on which it had relied and the reasons for revoking his SIS; and (2) not holding the revocation hearing within sixty days of his arrest. Doc. 11-3, at 45-50; see Ark. Code Ann. § 16-93-307(b).

         On November 18, 2015, the Arkansas Court of Appeals affirmed. Lane v. State, 2015 Ark.App. 672. Lane petitioned for review in the Arkansas Supreme Court. His petition was denied on January 28, 2016. Docs. 11-6 & 11-7. Lane did not seek Rule 37 post-conviction relief.

         On November 21, 2016, Lane initiated this federal habeas action. Doc. 2. In his Petition, he argues that he was denied the effective assistance of counsel in his revocation proceeding because his attorney did not seek a competency evaluation. Liberally construing Lane's allegations, he also argues that he was denied due process because the trial court failed to determine his competency at the revocation hearing even though Lane “expressed discontent” and stated he was “not competent right now, too much stuff running through my mind.” Id. at 5, 13; see R. at 108-09.

         Respondent argues that all of Lane's habeas claims are procedurally defaulted.[3] Doc. 11. Because the Court agrees, it recommends that the § 2254 Petition be denied, and that the case be dismissed, with prejudice.

         II. Discussion

         A habeas petitioner must “fairly present” his claims in state court before seeking § 2254 relief in federal court. Murphy v. King, 652 F.3d 845, 858-49 (8th Cir. 2011); 28 U.S.C. § 2254(b)(1) (“An application for a writ of habeas corpus … shall not be granted unless it appears that … the applicant has exhausted the remedies available in the courts of the State.”); Palmer v. Clarke, 408 F.3d 423, 430 (8th Cir. 2005) (a habeas petitioner has “fairly presented” a claim when he has Aproperly raised the same factual grounds and legal theories in the state courts which he is attempting to raise in his federal habeas petition.”). By exhausting all available state court remedies, a habeas petitioner ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.