United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE
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
(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 (if such a
hearing is granted) was not offered at the hearing before the
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.
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
31, 2001, a jury in the Pulaski County Circuit Court
convicted Petitioner Dennis Van Jenkins of first degree
murder, aggravated robbery, and theft of property. (Doc. No.
6-1.) The court imposed a judgment of life in prison in the
Arkansas Department of Correction. (Id.) Mr. Jenkins
appealed the conviction to the Arkansas Supreme Court, and
the judgment was affirmed on October 3, 2002. Jenkins v.
State, 350 Ark. 219 (2002). In affirming the conviction,
the court recited the facts of the case as follows:
The circumstances leading up to this case took place on
December 11, 1999. On that day, Appellant was riding around
the Little Rock area with Alvin Pugh, Chemer Beene, and
Anthony Hawkins when the Cadillac they were in had a flat
tire. The group pulled into a car wash on Wright Avenue in
order to repair the flat. According to Appellant, after
repairing the flat tire, they were unable to start the car.
At that time, Kelin Rudley attempted to assist the group by
jumping their battery. While trying to jump the battery, Mr.
Rudley was shot in the neck by Appellant. While the
circumstances leading up to the shooting are in dispute, the
fact that Appellant shot Mr. Rudley was undisputed. It is
also undisputed that the group fled in the 1998 Toyota Tacoma
truck Mr. Rudley had been driving. Mr. Rudley subsequently
died as a result of the gunshot wound.
The following day, police discovered the Toyota truck in
front of a trailer on Chicot Road where Pugh lived. Pugh
advised police where to look for clothes that were missing
from the truck. Police subsequently searched the intersection
of Oxford Valley and Churchill Drive where the items of
clothing were found. Pugh also told police that Appellant was
the one who drove the truck away from the scene of the crime.
Police located Appellant on December 13, and asked him if he
could come to the police station to answer a few questions.
Appellant complied and eventually gave police a statement
admitting to shooting Mr. Rudley, but claiming that he did so
in self-defense. Specifically, Appellant claimed that Rudley
was mouthing off and acting funny. Appellant said he only
shot Mr. Rudley after he “flinched” at him.
Appellant was arrested and charged with capital felony
murder, aggravated robbery, ...