United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J.
VOLPE UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
following recommended disposition has been sent to United
States District Judge Billy Roy Wilson. 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
DISPOSITION
I.
BACKGROUND
Petitioner,
Darryl Briggs, pleaded guilty to one count of kidnapping, one
count of possession of firearms by certain persons, and one
count of aggravated assault on a family or household member
in the Pulaski County Circuit Court on July 11,
2017.[1] According to the Arkansas Department of
Correction website, [2] Mr. Briggs was sentenced to 120 months.
According
to his own Petition, Mr. Briggs did not appeal his
conviction. (Doc. No. 1 at 2.) He did file for
post-conviction relief under Rule 37 on December 27, 2017;
however, the Pulaski County Circuit Court found his petition
untimely and denied it on February 2, 2018.[3]Significantly, Mr.
Briggs sought no further post-conviction relief in state
court. However, he now seeks federal habeas relief, alleging
his confession was coerced, ineffective assistance of
counsel, prosecutorial misconduct, and actual innocence.
After
careful review of Mr. Briggs's Petition, for the
following reasons I find his claims are procedurally
defaulted, and his case does not meet the criteria for any
exception to excuse his ...