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)

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

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