Russell v. Kelley

Filing 36

ORDER denying 34 Motion. Signed by Judge D. P. Marshall Jr. on 8/13/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROY LEE RUSSELL
ADC #087075
v.

PETITIONER
No. 5:16-cv-188-DPM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER

Motion, NQ 34, denied. Nothing in Russell's new paper warrants
relief from the Judgment. The Court will, however, add one further
supplement to its 15 June 2018 Order: to the extent Russell claimed
that his trial lawyer was ineffective for not preserving the sufficiency
argument, that claim fails . NQ 1-1 at 35-40. The Arkansas Supreme
Court's resolution of that claim wasn't contrary to, or an unreasonable
application of, clearly established federal law.

NQ 11-6 at 8.

And

because reasonable jurists wouldn't disagree about that point, the
claim doesn't warrant a certificate of appealability. Slack v. McDaniel,
529 U.S. 473, 483-84 (2000).
So Ordered.
D.P. Marshall Jr. (I
United States District Judge