Smith v. Hobbs

Filing 17

ORDER adopting as supplemented 15 Proposed Findings and Recommendations. Smith's petition is time-barred and he hasn't demonstrated actual innocence. 14 Motion denied as moot. Signed by Judge D. P. Marshall Jr. on 6/13/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHNNY SMITH, ADC #096784 v. PETITIONER No. 5:14-cv-26-DPM-JTK RAY HOBBS, Director, ADC RESPONDENT ORDER Opposed recommendation, NQ 15, adopted as supplemented. FED. R. CIV. P. 72(b)(3). Smith's petition is time-barred. And he hasn't demonstrated actual innocence. Smith says Carla Holmes and Clifford Gill should have had the opportunity to testify that John Paries III, not Smith, shot the victim. NQ 16 at 1-2. A jury could reasonably conclude nonetheless that Smith's proximity and association with Paries made him an accomplice to the murder. Smith v. State, 310 Ark. 247, 837 S.W.2d 279 (1992). Smith hasn't shown that "it is more likely than not that no reasonable juror would have convicted him[.]" Schlup v. Delo, 513 U.S. 298, 327 (1995). Motion, NQ 14, denied as moot. So Ordered. D.P. Marshall Jr.(/ United States District Judge -2-

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