U.S. Court of Appeals for the Eighth Circuit
Routy Abernathy v. Ray Hobbs
This writing
- Type
- Opinion
- Author
- Kermit Edward Bye
- Filed
- April 9, 2014
- Case
- Routy Abernathy v. Ray Hobbs
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1321 ___________________________ Routy W. Abernathy lllllllllllllllllllll Plaintiff - Appellant v. Ray Hobbs, Director, Arkansas Department of Correction lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: January 16, 2014 Filed: ____________ Before WOLLMAN, BYE, and MELLOY, Circuit Judges. ____________ BYE, Circuit Judge. An Arkansas jury found Routy Abernathy guilty of raping his two minor nieces in violation of Ark. Code Ann. § 5-13-103. He received a sentence of sixty years of imprisonment. After exhausting his state court remedies, Abernathy filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court1 dismissed all four counts of the § 2254 petition, but granted a certificate of appealability on two counts. On appeal, Abernathy claims his counsel was ineffective by failing to object to an expert vouching for a witness and by stating, during opening statements, Abernathy would only be called to testify if the state had proven its case. We a…
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