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.

Griffis v. Kelley

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

April 30, 2018

OMAR JEROME GRIFFIS ADC #155257 PETITIONER
v.
WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT

          ORDER

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

         PROPOSED FINDINGS AND RECOMMENDATIONS

         INSTRUCTIONS

         The 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.

         If you 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 following:

         1. Why the record made before the Magistrate Judge is inadequate.

         2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

         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.

         From 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

         I. INTRODUCTION

         On June 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 follows:

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 ...

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.