United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
following recommended disposition has been sent to United
States District Judge J. Leon Holmes. 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 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 United States District Judge, you
must, at the same time that you file your written objections,
include a “Statement of Necessity” that sets
forth the following:
1. Why the record made before the Magistrate Judge is
2. Why the evidence to be proffered at the requested hearing
before the United States District Judge was not offered at
the hearing before the Magistrate Judge.
3. An offer of proof setting forth the details of any
testimony or other evidence (including copies of any
documents) desired to be introduced at the requested hearing
before the United States District Judge.
this submission, the United States District Judge will
determine the necessity for an additional evidentiary
hearing, either before the Magistrate Judge or before the
your objections and “Statement of Necessity” to:
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A 149 Little Rock, AR
THE COURT is the Petition for Writ of Habeas Corpus filed by
Randy Lee Copeland. (Doc. No. 1) Petitioner is serving 240
months in the Arkansas Department of Correction after a
Garland County Circuit Court jury convicted him of robbery
and third degree battery. The conviction derives from
allegations that Copeland and his cousin, Robert Burrell,
attacked Copeland's ex-girlfriend and her friend, Regina
Warren, and stole a diamond ring. On direct appeal, Copeland
argued the trial court abused its discretion in not granting
him longer than an overnight continuance to prepare to
cross-examine the accomplice, his cousin. The Arkansas Court
of Appeals affirmed the conviction in February 2017, finding
Copeland failed to demonstrate prejudice resulting from the
trial court's ruling. Copeland v. State, 2017
Ark.App. 104 (2017). The Arkansas Supreme Court denied
Copeland's petition for review on April 6, 2017.
Petitioner did not seek post-conviction relief.
current petition before the Court, filed November 22, 2017,
Petitioner raises four claims for review, namely (1) a denial
of a continuance; (2) cumulative error; (3) a Brady
violation; and (4) ineffective assistance of counsel.
filed a Response on March 13, 2018, (Doc. No. 8), and she
admits Petitioner is in her custody but denies he is entitled
to any habeas relief. At the outset, Respondent notes
Copeland's habeas petition is neither signed nor verified
and submits that Copeland should be made to comply.
Respondent further asserts that the claims are defaulted.
reasons that follow, the undersigned recommends that the
petition be denied and dismissed with prejudice.