United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
following recommended disposition has been sent to United
States District Court 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 before the District
Judge (if such a hearing is granted) was not offered at the
hearing before the Magistrate Judge.
detail of any testimony desired to be introduced at the
hearing before the District Judge 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 hearing before the District Judge.
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing, either
before the Magistrate Judge or before the District Judge.
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
reasons explained below, it is recommended Petitioner's
Petition for Writ of Habeas Corpus (DE # 2) be DISMISSED with
2016, Petitioner pled guilty to first-degree murder in
exchange for a thirty (30) year sentence (to be followed by
10 years' suspended imposition of sentence) before a
Crittenden County Circuit Court. (DE # 12-2 pp. 2-4) At the
plea hearing, the Petitioner acknowledged that he understood
the rights he was giving up by entering a guilty plea. The
sentencing order was filed on February 12, 2016. Id.
Petitioner did not file a petition for postconviction relief
pursuant to Arkansas Rule of Criminal Procedure 37.1.
the expiration of time for filing for postconviction relief,
Petitioner began filing a series of pleadings attacking his
guilty plea and conviction. On October 27, 2016, Petitioner
filed a Motion to Modify Sentencing Order, requesting the
court to modify his sentencing order to reflect what he
alleged to be the true terms of his plea agreement. (DE #
12-2 pp. 17-20) Subsequently, on November 4, 2016, Petitioner
filed a Petition for Declaratory Judgment and Memorandum of
Law making the same allegation that the true terms of his
plea agreement, making him eligible for parole after serving
70% of his sentence, were not complied with and asking the
court to “order that the 100% be removed and that
Petitioner be eligible for parole after serving 70% of the
thirty (30) year sentence.” Id. at pp. 29-38.
On January 17, 2017, Petitioner filed a pro se Writ of Error
Coram Nobis alleging that: (1) his co-defendant, Joseph Lee
Toney, told him that the prosecutor coerced Co-Defendant
Toney into falsely stating that Petitioner killed the victim;
(2) that Fredrick Williams is the person that actually killed
the victim, and Petitioner is “actually innocent of the
murder”; (3) the prosecution withheld evidence (that
Co-Defendant Toney claimed he made false statements about the
Petitioner to get a reduced sentence), and Petitioner claims
if he had known such information he would not have pled
guilty; and (4) the “prosecutions nondisclosure of a
promise to Co-Defendant Joseph Lee Toney that his First
Degree Murder Charge would be reduced to Attempted First
Degree Murder in exchange for his false testimony against
Petitioner is a Due Process Violation that merits Petitioner
being allowed to withdraw his 30 year plea deal and be
granted a Jury Trial.” Id. at 5-9. Lastly, on
June 29, 2017, Petitioner filed a pro se Petition for Writ of
Mandamus with the Arkansas Supreme Court, requesting for the
court to rule on the above-referenced pleadings. (DE # 12-3
pp. 1-5) On June 27, 2017, the Crittenden County Circuit
Court entered an Omnibus Order Denying Relief on the three