Guy Rosenschein v. Tim Griffin, in his official capacity as Attorney General of Arkansas and the Warden of FCI-Texarkana

CourtDistrict Court, W.D. Arkansas
DecidedFebruary 9, 2026
Docket5:25-cv-05002
StatusUnknown

This text of Guy Rosenschein v. Tim Griffin, in his official capacity as Attorney General of Arkansas and the Warden of FCI-Texarkana (Guy Rosenschein v. Tim Griffin, in his official capacity as Attorney General of Arkansas and the Warden of FCI-Texarkana) is published on Counsel Stack Legal Research, covering District Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guy Rosenschein v. Tim Griffin, in his official capacity as Attorney General of Arkansas and the Warden of FCI-Texarkana, (W.D. Ark. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION GUY ROSENSCHEIN PETITIONER V. Case No. 5:25-cv-05002-TLB TIM GRIFFIN, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF ARKANSAS and THE WARDEN OF FCI-TEXARKANA RESPONDENTS

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE This matter is before the Court on the Amended § 2254 Petition for Writ of Habeas Corpus filed by Guy Rosenschein (“Petitioner”) on June 3, 2025. (ECF Nos. 1 & 10). Petitioner seeks to vacate his December 20, 2024, state court convictions on two (2) counts of first degree sexual assault in case 72 CR19-351-6 in Washington County Circuit Court, alleging, inter alia, (1) violations of his right to a speedy trial, and (2) because the state court information was filed after expiration of the applicable statute of limitations. (ECF No. 10). The State of Arkansas responds that Petitioner’s habeas claims must be dismissed as procedurally defaulted and if not defaulted, as lacking merit. (ECF No. 15). Chief U.S. District Court Judge Timothy L. Brooks referred this matter to the undersigned for Report and Recommendation pursuant to Rule 72.1(VIII)(B) of the Local Rules for the United States District Courts for the Eastern and Western Districts of Arkansas. I. Petition for Habeas Corpus A state prisoner who believes he is incarcerated in violation of the Constitution or laws of the United States may file a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Such petitions are governed by the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”). Under AEDPA, federal courts may 1 exercise only a “limited and deferential review of underlying state court decisions.” Osborne v. Purkett, 411 F.3d 911, 914 (8th Cir. 2005). A. In Custody Requirement For a federal court to possess jurisdiction over a writ of habeas corpus under § 2254, a petitioner must be “in custody pursuant to the judgment of a State court.” 28 U.S.C. § 2254(a); see also 28 U.S.C.

§ 2241(c)(3) (“The writ of habeas corpus shall not extend to a prisoner unless ... [h]e is in custody in violation of the Constitution or laws or treaties of the United States”). In Maleng v. Cook, 490 U.S. 488 (1989) (per curiam), the Supreme Court interpreted this “statutory language as requiring that the habeas petitioner be ‘in custody’ under the conviction or sentence under attack at the time his petition is filed.” Id. at 490–91. Petitioner is not currently in the physical custody of the State of Arkansas; rather, he is in federal custody, serving a sentence which includes 210 months’ incarceration as imposed by the U.S. District Court for the District of New Mexico in United States v. Rosenschein, No.1:16-CR-4571 (ECF No. 362,

Judgment, February 2, 2023). Charges against Petitioner in New Mexico related to his 2016 uploading of “images of child pornography to Chatstep, an internet chatroom service,” United States v. Rosenschein, 136 F.4th 1247, 1252 (10th Cir. 2025), and Petitioner pled guilty to eight (8) counts of distribution of visual depictions of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(1), § 2252A(b)(1) and 18 U.S.C. § 2256. Petitioner appealed the District Court’s denial of Petitioner’s motion to suppress, motion to dismiss, and motion for expert reports. United States v. Rosenschein, No.1:16-CR-4571 (ECF No. 363, Notice of Appeal, February 14, 2023). The Tenth Circuit Court of

Appeals affirmed Petitioner’s Judgment on May 12, 2025, United States v. Rosenschein, 136 F.4th 1247, 1252 (10th Cir. 2025), and nothing further has been filed of record. 2 The Federal Bureau of Prisons predicts Petitioner’s release from federal custody will not occur before October 14, 2031. https://www.bop.gov/inmateloc/ (February 4, 2026). Petitioner’s state court Judgment provides that his state court “sentence is concurrent with his federal sentence. . . .” (ECF No. 15-2, p. 18). Although not yet in the physical custody of the State of Arkansas, the undersigned believes Rosenschein meets the “in custody” requirement because any unexpired Arkansas sentence is ensured by

a detainer directing him to be transferred to custody of the State of Arkansas when his federal sentence expires. This is sufficient to meet the “in custody” requirement. See Maleng, at 490-91 (physical confinement on other charges can establish custody pursuant to § 2254). B. Standard of Review A federal court may not grant a writ of habeas corpus unless the state court's adjudication of a claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254(d)(1). A state court decision is “contrary to” clearly established federal law if it “applies a rule that contradicts the governing law set forth in Supreme Court

cases or if it confronts a set of facts that are materially indistinguishable from a decision of the Court and nevertheless arrives at a result different from the Court's precedent.” Williams v. Taylor, 529 U.S. 362, 405–06 (2000). A federal habeas court may not issue the writ merely because it concludes the state court applied clearly established federal law erroneously or incorrectly. Id. at 411. “Rather, that application must also be unreasonable.” Id. “Federal habeas corpus is a backstop. It lets federal courts review the merits of federal claims in state criminal cases. But federal courts do not sit to review state law. So federal courts will not review federal claims when the state court's decisions are supported by a state-law reason,

an ‘independent and adequate state ground.’” Richardson v. Superintendent Coal Township SCI, 905 F.3d 750, 759 (3d Cir. 2018) (quoting Coleman v. Thompson, 501 U.S. 722, 729 (1991)). 3 To obtain federal habeas review of a § 2254 claim, a petitioner must have first raised the federal constitutional dimensions of the claim in state court in accordance with state procedural rules. Duncan v. Henry, 513 U.S. 364, 365-66 (1995) (per curiam); Beaulieu v. Minnesota, 583 F.3d 570, 573 (8th Cir. 2009). In other words, the exhaustion requirement prevents a federal court from considering a § 2254 habeas petition based on a constitutional violation that could be redressed adequately by pursuing an

avenue of state court relief. Humphrey v. Cady, 405 U.S. 504, 516 (1972). In order to preserve issues for federal habeas review, a state prisoner must fairly present his claims to state courts during direct appeal or in post-conviction proceedings. Sweet v. Delo, 125 F.3d 1144, 1149 (8th Cir. 1997). Procedural default thus occurs when “a state court decline[s] to hear [a claim] because the prisoner failed to abide by a state procedural rule.” Martinez v. Ryan, 566 U.S. 1, 9 (2012). Procedural default also occurs when a petitioner did not present a claim in state court and a remedy there is no longer available. O'Sullivan v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Humphrey v. Cady
405 U.S. 504 (Supreme Court, 1972)
Barker v. Wingo
407 U.S. 514 (Supreme Court, 1972)
Tollett v. Henderson
411 U.S. 258 (Supreme Court, 1973)
Blackledge v. Allison
431 U.S. 63 (Supreme Court, 1977)
Maleng v. Cook
490 U.S. 488 (Supreme Court, 1989)
Coleman v. Thompson
501 U.S. 722 (Supreme Court, 1991)
Estelle v. McGuire
502 U.S. 62 (Supreme Court, 1991)
Doggett v. United States
505 U.S. 647 (Supreme Court, 1992)
O'Sullivan v. Boerckel
526 U.S. 838 (Supreme Court, 1999)
Williams v. Taylor
529 U.S. 362 (Supreme Court, 2000)
Carl Becker v. The State of Nebraska
435 F.2d 157 (Eighth Circuit, 1971)
Hezekiah Pittman, Jr. v. Charles J. Black, Warden
764 F.2d 545 (Eighth Circuit, 1985)
David Paul Voytik v. United States
778 F.2d 1306 (Eighth Circuit, 1985)
Cornelius Smith v. United States
876 F.2d 655 (Eighth Circuit, 1989)
Martinez v. Ryan
132 S. Ct. 1309 (Supreme Court, 2012)
William Frank Loeblein v. Dave Dormire
229 F.3d 724 (Eighth Circuit, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
Guy Rosenschein v. Tim Griffin, in his official capacity as Attorney General of Arkansas and the Warden of FCI-Texarkana, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-rosenschein-v-tim-griffin-in-his-official-capacity-as-attorney-arwd-2026.