171517P.pdf   05/29/2018  Billy Stewart, Sr.  v.  Wendy Kelley
   U.S. Court of Appeals Case No:  17-1517
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Loken, Author, with Beam and Kelly, Circuit Judges] 
   Prisoner case - Habeas. The state court improperly instructed the jury 
   that Stewart would would be eligible for parole after serving 70% of his 
   sentence if sentenced to a term of years; Stewart was actually ineligible 
   for parole because of a prior violent felony conviction. The jury gave 
   Stewart a 70 year sentence. Stewart claims counsel was ineffective in 
   failing to object to or otherwise challenge the erroneous instruction and 
   that he was prejudiced by the error because if the jury had been properly 
   instructed there is a reasonable probability they would have given him a 
   shorter sentence. Held, on this record trial counsel's deficient 
   performance in failing to correct the instructional error of the 
   prosecutor and the trial court did not establish Strickland prejudice 
   sufficient to undermine the court's confidence in the outcome of the 
   proceedings.