Ronald Dean Matthews v. A.L. Lockhart, Dir., Arkansas Dep't of Corr., 726 F.2d 394 (8th Cir. 1984). · Go Syfert
Ronald Dean Matthews v. A.L. Lockhart, Dir., Arkansas Dep't of Corr., 726 F.2d 394 (8th Cir. 1984). Cases Citing This Book View Copy Cite
33 citation events (16 in the last 25 years) across 5 distinct courts.
Strongest positive: Guy Rosenschein v. Tim Griffin, in his official capacity as Attorney General of Arkansas and the Warden of FCI-Texarkana (arwd, 2026-02-09)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) Guy Rosenschein v. Tim Griffin, in his official capacity as Attorney General of Arkansas and the Warden of FCI-Texarkana (2×) also: Cited "see"
W.D. Ark. · 2026 · confidence medium
Absent a delay that is presumptively prejudicial, inquiry into the other factors is unnecessary.” Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984).
discussed Cited as authority (rule) United States v. Barraza (2×)
8th Cir. · 2009 · confidence medium
VI; Matthews v. Lockhart, 726 F.2d 394, 397 (8th Cir.1984).
cited Cited as authority (rule) United States v. Leobardo Barraza
8th Cir. · 2009 · confidence medium
VI; Matthews v. Lockhart, 726 F.2d 394, 397 (8th Cir. 1984).
cited Cited as authority (rule) Owsley v. Bowersox
W.D. Mo. · 1999 · confidence medium
See id.; Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir.1984).
discussed Cited as authority (rule) Jerry R. Poe v. Paul D. Caspari, Superintendent of the Algoa Correctional Center
8th Cir. · 1994 · confidence medium
See Cain, 798 F.2d at 1195 ; Stewart v. Nix, 972 F.2d 967, 970 (8th Cir.1992) (a state speedy trial statute has no bearing on whether a federal right has been violated); Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir.1984) (same).
cited Cited as authority (rule) Byron Stewart v. Crispus Nix
8th Cir. · 1992 · confidence medium
E.g., Matthews v. Lockhart, 726 F.2d 394, 397 (8th Cir.1984).
discussed Cited as authority (rule) United States v. Jimmie L. Wilson
8th Cir. · 1986 · confidence medium
The right to a fair and impartial jury does not require “that jurors be totally ignorant of the facts and circumstances involved.” Matthews v. Lockhart, 726 F.2d 394, 397 (8th Cir.1984), citing United States v. Bruton, 647 F.2d 818, 826 (8th Cir.1981).
cited Cited as authority (rule) James Michael Davis v. Donald Wyrick
8th Cir. · 1985 · confidence medium
E.g., George v. Black, 732 F.2d 108, 111 (8th Cir.1984); Matthews v. Lockhart, 726 F.2d 394, 397 (8th Cir.1984).
discussed Cited as authority (rule) Roger George Flittie v. Herman Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota (2×)
8th Cir. · 1985 · confidence medium
United States v. Bliss, 735 F.2d 294, 300-01 (8th Cir.1984); Matthews v. Lockhart, 726 F.2d 394, 396-97 (8th Cir.1984).
discussed Cited "see" Davis v. Betts
E.D. Mo. · 2024 · signal: accord · confidence high
Even if current Missouri law imposes that requirement, this Court would not have jurisdiction under § 2241 “to issue a writ of habeas corpus for violation of state law by state authorities.” Cain v. Petrovsky, 798 F.2d 1194, 1195 (8th Cir. 1986); accord Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (explaining that, in the context of a § 2254 habeas petition, the “question of whether the state violated its own speedy trial statute is a matter for the state courts”).
cited Cited "see" Burns v. Lewis
E.D. Mo. · 2021 · signal: see · confidence high
See Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (finding a 17-month delay presumptively prejudicial).
cited Cited "see" United States v. Pamela A. Habhab
8th Cir. · 1997 · signal: see · confidence high
See Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir.1984).
cited Cited "see" United States v. Pamela A. Habhab
8th Cir. · 1997 · signal: see · confidence high
See Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984).
discussed Cited "see" Jackie Blue v. A.L. Lockhart, Director, Arkansas Department of Correction
8th Cir. · 1992 · signal: see · confidence high
See Matthews v. Lockhart, 726 F.2d 394, 397 (8th Cir. 1984) (absent showing that case is exceptional, court will not consider section 2254 petitioner's claim raised for first time on appeal).
cited Cited "see" Sterling Williams v. A.L. Lockhart, Director Arkansas Department of Correction
8th Cir. · 1985 · signal: see · confidence high
See Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir.1984) (seventeen-month delay).
discussed Cited "see, e.g." Moore v. Burris
E.D. Mo. · 2025 · signal: see also · confidence medium
See also Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (stating that in the context of a § 2254 habeas petition, the “question of whether the state violated its own speedy trial statute is a matter for the state courts”).
discussed Cited "see, e.g." Clark v. Falkenrath
E.D. Mo. · 2024 · signal: see also · confidence medium
For this, the Supreme Court provided four “factors which courts should assess in determining whether a particular defendant has been deprived of his right” to a speedy trial: (1) “[l]ength of delay,” (2) “the reason for the delay,” (3) “the defendant’s assertion of his right,” and (4) “prejudice to the defendant.” Barker, 407 U.S. at 530 (citations omitted); see also Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (applying the “four[-]part test enunciated by the Supreme Court in Barker” (citing Barker, 407 U.S. 514 )).
discussed Cited "see, e.g." Taylor v. Burris
E.D. Mo. · 2022 · signal: see also · confidence medium
See id.; see also Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (in the context of a § 2254 habeas petition, the “question of whether the state violated its own speedy trial statute is a matter for the state courts.”).
discussed Cited "see, e.g." Bolden v. Glass
E.D. Mo. · 2020 · signal: see also · confidence medium
Id.; see also Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (stating that in the context of a § 2254 habeas petition, the “question of whether the state violated its own speedy trial statute is a matter for the state courts”).
discussed Cited "see, e.g." Johnson v. Norman
E.D. Mo. · 2020 · signal: see also · confidence medium
Poe v. Caspari, 39 F.3d 204, 207 (8th Cir. 1994); see also Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (question of whether state violated its own speedy trial statute is matter for state courts); Cross v. Cunningham, 87 F.3d 586, 588 (1st Cir. 1996) (denying the petitioner’s allegation of an IAD violation because the petitioner’s allegations had nothing to do with securing a fair trial and the petitioner made no claim that the alleged IAD violation actually impaired his ability to prepare a defense or to prosecute his appeal).
discussed Cited "see, e.g." Hampton v. City of St. Louis
E.D. Mo. · 2020 · signal: see also · confidence medium
Id.; see also Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (stating that in the context of a § 2254 habeas petition, the “question of whether the state violated its own speedy trial statute is a matter for the state courts”). -7- In this case, plaintiff has not demonstrated that he has exhausted his state court remedies.
discussed Cited "see, e.g." Fields v. Banasco
E.D. Mo. · 2020 · signal: see also · confidence medium
See also Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir. 1984) (stating that in the context of a § 2254 habeas petition, the “question of whether the state violated its own speedy trial statute is a matter for the state courts.”).
discussed Cited "see, e.g." Curtis v. State of Missouri
E.D. Mo. · 2020 · signal: see also · confidence medium
See also Matthews v. Lockhart, 726 F.2d 394, 396 (8" Cir. 1984) (stating that in the context of a § 2254 habeas petition, the “question of whether the state violated its own speedy trial statute is a matter for the state courts”).
discussed Cited "see, e.g." William T. Kirk v. Michael Dutton, Warden
6th Cir. · 1994 · signal: see, e.g. · confidence medium
See, e.g., United States v. Mera, 921 F.2d 18, 20 (2d Cir.1990) ("a defendant's intentional absence from criminal proceedings, when he is aware that he is the subject of such proceedings, may be tantamount to a voluntary waiver of his right to be present at trial."). 9 Whether a state's violation of its own law abridges an individual's rights under the federal Due Process Clause "depends primarily upon whether there has been any fundamental unfairness and prejudice." Matthews v. Lockhart, 726 F.2d 394, 396 (8th Cir.1984).
Retrieving the full opinion text from the archive…
Ronald Dean MATTHEWS, Appellant,
v.
A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee
83-1681.
Court of Appeals for the Eighth Circuit.
Jan 24, 1984.
726 F.2d 394
1984 U.S. App. LEXIS 26133
Bill W. Bristow, P.A., Seay & Bristow, Jonesboro, Ark., for appellant., Steve Clark, Atty. Gen. by Leslie M. Powell, Asst. Atty. Gen., Little Rock, Ark., for appellee.
Lay, Fagg, Hunter.
Cited by 25 opinions  |  Published
FAGG, Circuit Judge.

Ronald Dean Matthews appeals from the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He contends that (1) he was denied his statutory and constitutional right to a speedy trial, (2) he was denied a fair trial because of prejudicial pretrial publicity, and (3) he was subjected to double jeopardy as a result of the multiple sentences imposed b§ the trial court. We affirm.

On October 19,1977, Matthews and three of his fellow inmates at the Cummins Unit of the Arkansas Department of Correction commandeered a bus transporting a prison work detail and attempted to escape. On October 27,1977, a variety of charges relating to this incident were filed. On March 26, 1979, Matthews was convicted of kidnapping, theft, escape, and of being a-habitual offender. Matthews received sentences on each charge which were ordered to run consecutively for a total of eighty years. His convictions were affirmed by the Arkansas Supreme Court. Matthews v. State, 268 Ark. 484, 598 S.W.2d 58 (1980).

Matthews first contends that his statutory right to a speedy trial was violated because he was not brought to trial within two terms of court as provided in Arkansas law. Ark.Stat.Ann. § 43-1708 (1977 Repl.). The Arkansas Supreme Court gave extensive consideration to the application of the Arkansas statute to the facts of this case and it determined that Matthews was tried within the Arkansas statutory period. Matthews v. State, supra, 598 S.W.2d at 61. The question of whether the state violated its own speedy trial statute is a matter for the state courts. Wallace v. Lockhart, 701 F.2d 719, 729 (8th Cir.1983); Powers v. White, 680 F.2d 51, 52 (8th Cir. 1982). Whether any such violation abridges an individual’s rights under the federal due process clause depends primarily upon whether there has been any fundamental unfairness and prejudice. Wallace v. Lockhart, supra, 701 F.2d at 729; Powers v. White, supra, 680 F.2d at 52. We find no such unfairness or prejudice in this case, as will be considered more fully in the context of Matthews’ sixth amendment claim.

Matthews alleges that the pretrial delay violated his sixth amendment right to a speedy trial. Postindictment delay is examined under the four part test enunciated by the Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). This test balances the length of the delay, the reason for the delay, the defendant’s assertion of his speedy trial right, and the prejudice that the defendant has suffered. Both the Arkansas Supreme Court and the federal district court considered the Barker factors and concluded that Matthews’ right to a speedy trial had not been violated. We agree.

The first factor under Barker, the length of the delay, is a triggering mechanism. Absent a delay that is presumptively prejudicial, inquiry into the other factors is unnecessary. Id. at 530, 92 S.Ct. at 2192; United States v. Richards, 707 F.2d 995, 997 (8th Cir.1983). We believe that the seventeen month delay in this case between the filing of charges and the date of trial is presumptively prejudicial. However, it is significant that the Arkansas Supreme Court found that the trial occurred within the time limit required under the Arkansas speedy trial statute. Thus, we do not find the delay so lengthy as to require automatic dismissal. See United States v. Richards, supra, 707 F.2d at 997; Smith v. Mabry, 564 F.2d 249, 251-52 (8th Cir.1977), cert, denied, 435 U.S. 907, 98 S.Ct. 1456, 55 L.Ed.2d 499 (1978). Considering the reason for the delay, it is noteworthy that at least some of the delay is due to a continuance sought by petitioner’s counsel. Matthews’ attorney sought and was granted a continuance because the trial date conflicted with a previ[*397] ously scheduled civil trial. Delays that result directly from the press of other business affecting defense counsel are weighted less heavily against the government. See United States v. Sarvis, 523 F.2d 1177, 1183 (D.C.Cir.1975). As to the additional delay, this does not appear to be a case where the prosecution intentionally delayed the trial to gain a tactical advantage. See Barker v. Wingo, supra, 407 U.S. at 531, 92 S.Ct. at 2192. With respect to the third factor, the defendant’s responsibility to assert his speedy trial right, we note that Matthews did not raise the speedy trial issue until the first day of trial. Id. at 531-32, 92 S.Ct. at 2192-93. Finally, we consider whether Matthews was prejudiced by the delay. A serious interest served by the speedy trial guarantee is to limit the possibility that the defense will be impaired. Id. at 532, 92 S.Ct. at 2193. We agree with the district court that “there is no indication that due to the delay, defense witnesses or evidence favorable to the petitioner became unavailable.” Considering all of these factors, we conclude that the delay in petitioner’s trial was not such as to violate his constitutional right to a speedy trial.

On appeal, Matthews has also argued that the Arkansas statutory scheme regarding the right to a speedy trial violates the equal protection clause. This argument was not raised in the district court and because this is not an exceptional case, we do not consider that argument in this court. Barnes v. Wyrick, 719 F.2d 962, 963 (8th Cir.1983); Kelley v. Crunk, 713 F.2d 426, 427 (8th Cir.1983).

Matthews next argues that prejudicial pretrial publicity denied his right to a fair trial. Specifically, Matthews complains that newspaper accounts appearing shortly before his trial stated that his two codefendants had accepted plea bargains on the same charges facing Matthews. Their acceptance of the plea bargains was later withdrawn. Matthews has a fundamental right to trial by a fair and impartial jury. This does not require, however, that jurors be totally ignorant of the facts and circumstances involved. United States v. Bruton, 647 F.2d 818, 826 (8th Cir.1981). “It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.” Irvin v. Dowd, 366 U.S. 717, 723, 81 S.Ct. 1639, 1643, 6 L.Ed.2d 751 (1961). In this case, the state court found that only a few of the prospective jurors had read the newspaper account. Those who had read the articles stated that they would arrive at a decision based entirely upon the evidence as submitted and the law as given them. Moreover, as the Arkansas Supreme Court suggested, Matthews’ counsel hardly even took note of the issue at the time of the trial. New prospective jurors were questioned about their familiarity with the articles and no change of venue was requested. In sum, we agree with the Arkansas Supreme Court and the federal district court that the nature and degree of opinions that might have been formed by the jurors in this case were not sufficient to deny Matthews’ constitutional right to a fair trial.

Finally, Matthews argues that he was subjected to double jeopardy due to the multiple sentences imposed by the trial court. Matthews received sentences of fifty years for kidnapping, twenty years for theft of property, and ten years for escape, to be served consecutively. For our purposes, the test to be applied to determine whether an individual has been subjected to multiple punishment for a single offense is whether each offense requires proof of a fact which the others do not. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); United States v. Wilford, 710 F.2d 439, 445 (8th Cir.1983). We agree with the district court that kidnapping, theft, and escape involve proof ' of different elements and are punishable as separate crimes. See Ark.Stat.Ann. §§ 41-1702, 2203, 2810 (1977 Repl.). Moreover, the sentencing court has the authority to order that the sentences be served consecutively. Ark.Stat.Ann. § 43-2311 (1977 Repl.).

Accordingly, the judgment of the district court dismissing the petition is affirmed.

Affirmed.