Stewart v. Kelley
ORDER directing the Respondent to address this order by 1/15/2016. Petitioner may reply, if he chooses, by 1/25/2016. Signed by Magistrate Judge Joe J. Volpe on 12/7/2015. (lej)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BILLY WAYNE STEWART, SR.,
WENDY KELLEY, Director,
Arkansas Department of Correction
In reviewing Mr. Stewart’s claims, I find additional briefing on one point is necessary. At
sentencing, the prosecutor apparently provided inaccurate argument to the jury that Mr. Stewart
would only serve seventy percent of his sentence. (Doc. No. 16 at 518.) The trial court also appears
to have incorrectly instructed the jury on this point. (Id. at 505.) Mr. Stewart says this argument was
inaccurate because, upon entering the ADC, prison officials informed Mr. Stewart, based on his
criminal history, he would be required to serve one hundred percent of his sentence. So the
inaccurate argument and instruction potentially caused the jury to give him a harsher sentence.
It would be helpful for the parties to provide further briefing on this claim. I would like
Respondent to address the merits of this claim by January 15, 2016. Petitioner may reply, if he
chooses, by January 25, 2016.
DATED this 7th day of December, 2015.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
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