McHAN v. KELLEY, 4:16-cv-786-DPM. (2017)
Court: District Court, E.D. Arkansas
Number: infdco20170426881
Visitors: 11
Filed: Apr. 25, 2017
Latest Update: Apr. 25, 2017
Summary: ORDER D. P. MARSHALL, Jr. , District Judge . On further de nova review, the Court concludes that it made a mistake in its Order filed today, N o 14, on the recommendation, N o 12. The Magistrate Judge considered and addressed the Martinez/Trevino issue, N o 12 at 10 n.9. The Court overlooked this footnote. And McHan has not objected because the Georgia records confirm that his aggravated assault conviction remained in the books. N o 13. In these circumstances
Summary: ORDER D. P. MARSHALL, Jr. , District Judge . On further de nova review, the Court concludes that it made a mistake in its Order filed today, N o 14, on the recommendation, N o 12. The Magistrate Judge considered and addressed the Martinez/Trevino issue, N o 12 at 10 n.9. The Court overlooked this footnote. And McHan has not objected because the Georgia records confirm that his aggravated assault conviction remained in the books. N o 13. In these circumstances,..
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ORDER
D. P. MARSHALL, Jr., District Judge.
On further de nova review, the Court concludes that it made a mistake in its Order filed today, No 14, on the recommendation, No 12. The Magistrate Judge considered and addressed the Martinez/Trevino issue, No 12 at 10 n.9. The Court overlooked this footnote. And McHan has not objected because the Georgia records confirm that his aggravated assault conviction remained in the books. No 13. In these circumstances, McHan can't show the prejudice needed to make out a substantial ineffective assistance claim; so Martinez/Trevino provides him no help. Recommendation, No 12, adopted in full. McHan's habeas petition will be dismissed with prejudice. No certificate of appealability will issue. 28 U.S.C. § 2253(c).
So Ordered.
Source: Leagle
