United States District Court, E.D. Arkansas, Western Division
WAYNE LADELL TAYLOR, JR. ADC # 151240 PETITIONER
WENDY KELLEY, Director Arkansas Department of Correction RESPONDENT
PROPOSED FINDINGS AND RECOMMENDATIONS
following recommended disposition has been sent to United
States District Court 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
(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.
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
1. Why the record made before the Magistrate Judge is
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.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
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
reasons explained below, it is recommended Petitioner's
Petition for Writ of Habeas Corpus (DE # 1) be DISMISSED with
was charged on September 29, 2010, with aggravated robbery,
theft of property, first-degree battery, felon-in-possession
of a firearm, and commission of a terroristic act. (Record at
1-3) A Pulaski County Circuit Court found Petitioner guilty
of all of the charges except the firearm-enhancement charge,
and he received an aggregate sentence of sixty-seven (67)
years in the Arkansas Department of Correction. (Record at
November 2, 2012, Petitioner timely appealed his conviction
to the Arkansas Court of Appeals. (DE # 8-2) On direct
appeal, the Petitioner argued that the trial court erred in:
(1) excluding evidence that one of the alleged victims had a
shotgun in his truck; (2) allowing the State to amend the
first-degree battery information at the closing of the
State's case; and (3) instructing the jury on accomplice
liability. Id. The ...