Smith v. Kelley, 5:15-CV-00234 BSM. (2016)
Court: District Court, E.D. Arkansas
Number: infdco20160328475
Visitors: 12
Filed: Mar. 25, 2016
Latest Update: Mar. 25, 2016
Summary: ORDER BRIAN S. MILLER , Chief District Judge . The recommended disposition ("RD") submitted by United States Magistrate Judge Patricia Harris [Doc. No. 21] and Smith's untimely objections [Doc. No. 27] have been reviewed. After careful consideration, the RD is adopted with the exception of footnote five. While addressing Smith's ineffective assistance of counsel claim, footnote five hypothesizes about Smith's reasons for not testifying in his own defense. The Fifth Amendment protects Smit
Summary: ORDER BRIAN S. MILLER , Chief District Judge . The recommended disposition ("RD") submitted by United States Magistrate Judge Patricia Harris [Doc. No. 21] and Smith's untimely objections [Doc. No. 27] have been reviewed. After careful consideration, the RD is adopted with the exception of footnote five. While addressing Smith's ineffective assistance of counsel claim, footnote five hypothesizes about Smith's reasons for not testifying in his own defense. The Fifth Amendment protects Smith..
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ORDER
BRIAN S. MILLER, Chief District Judge.
The recommended disposition ("RD") submitted by United States Magistrate Judge Patricia Harris [Doc. No. 21] and Smith's untimely objections [Doc. No. 27] have been reviewed. After careful consideration, the RD is adopted with the exception of footnote five.
While addressing Smith's ineffective assistance of counsel claim, footnote five hypothesizes about Smith's reasons for not testifying in his own defense. The Fifth Amendment protects Smith from being compelled to testify and his reasons for exercising his Fifth Amendment rights are immaterial.
Therefore, the RD is adopted without consideration of footnote five, and his petition is dismissed with prejudice. A certificate of appealability will not issue.
IT IS SO ORDERED.
Source: Leagle
