United States District Court, E.D. Arkansas, Pine Bluff Division
VOLPE UNITED STATES MAGISTRATE JUDGE
FINDINGS AND RECOMMENDATIONS
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
the record made before the Magistrate Judge is inadequate.
the evidence proffered at the hearing (if such a hearing is
granted) was not offered at the hearing before the Magistrate
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 72201-3325
20, 2013, a jury in the Pulaski County Circuit Court
convicted Omar Jerome Griffis of one count of first-degree
murder and two counts of attempted first-degree murder.
Griffis v. State, 2015 Ark.App. 217, 1 (2015). The
jury found Mr. Griffis's case qualified for a sentence
enhancement for committing a felony with a firearm and
imposed a judgment of 540 months' imprisonment.
Id. Mr. Griffis appealed his conviction to the
Arkansas Court of Appeals, and the judgment was affirmed on
April 1, 2015. Id. In affirming the conviction, the
court recited a brief summary of the facts of the case as
Randy Goins testified that he was a visitor at 824 Allis
Street on July 17, 2012, when a green Cadillac pulled in
front of the residence. He stated that appellant got out of
the back seat and pointed a gun to Brandon Reed's head.
According to Goins, Reed hit appellant's hand, but the
gun did not go off at that time. He stated that appellant
began to shoot toward the carport. Richard Swain testified
that he was home at 824 Allis Street on July 17, 2012. He
said that Reed, Terry London, and Goins were also at the
residence on that date. According to Swain, appellant came up
in a Cadillac, got out of the back passenger door, and just
started shooting. Swain stated that he was shot in the leg,
left shoulder, and left thigh. Detective Tommy Hudson
testified that he worked a ...