Update: 2/19/2008
An appeal for funds

Oral arguments are set for March 10th in St. Louis. Quentin Rhoades will be presenting the argument for Wayne Fincher before the Appellate Court.

Currently, we are short funds to provide for all the necessary expenses for the presentation of the case at the Appellate level. It is necessary that we cover all of Quentin's expenses for his work on this case. We ask that you please support Wayne and your Second Amendment right by sending a donation to the address given on the left.

We would greatly appreciate your assistance.

Update: 12/24/2007
The government's principal brief has now been filed on Wayne's appeal. The brief was filed in response to the appellant brief filed last month.

There are numerous items in this brief which bear scrutiny, as they ignore pertinent facts. Essentially, this brief appears as a Jimm Larry Hendren can do no wrong, fan club apologetic in which honesty and legal principle have no place. This is despite the fact that Wayne overheard Wendy Johnson plainly tell Judge Hendren "No. No, it's not." in response to his statement "This is fraud." when the court accepted the 120 acres as security for the bond for Wayne's release pending self-report.

One would think there would be at least enough honesty for the U.S. Attorney's office to admit to the Appeals court that they disagreed with with Judge Hendren on this item, instead of acting like the record doesn't even exist. Instead, you will find on page 32 of the brief a citiation of a ruling which they claim supports their contention. However, the citiation is one of the rulings which is in contention in this appeal!

It is very hard to respect the offices held by these people when they themselves are the greatest denigrators and disrespectors of their office. Plainly, the U.S. Attorney's office in Ft. Smith and Judge Hendren do more to destroy respect for the law, the Constitution, and their offices than anyone else involved in this case.

Update: 11/11/2007
The principal brief has now been filed on Wayne's appeal. The brief was filed in the 8th Circuit Court of Appeals by Quentin Rhoades of Montana as pro bono counsel.

The jury trial of U.S. v. Hollis Wayne Fincher has resolved in favor of the government. However, this issue is not closed and appeals are pending.

On June 22, 2007, District Judge Jimm Larry Hendren sentenced Hollis Wayne Fincher to 6 ½ years in Federal prison, with 2 years supervised release, a $1000.00 fine, and $100.00 assessment fee for each offense for a total of $200.00.

Wayne has now reported to the Federal prison facility in Forrest City, Arkansas. He is in minimum security.

There are issues pending as a result of District Judge Jimm Larry Hendren's investigation into Wayne's financial status. Even though the Federal prosecutor had no problem with Wayne transferring his land to his daughters, the judge decided he did not like that and needed to investigate. The investigation is complete and Hendren has determined that Hollis Wayne Fincher "gamed" the court.

Please note that legal expenses continue to accrue. Your financial support is critical and will be greatly appreciated.

Court Documents

Appeal Briefs

U.S. v. Hollis Wayne Fincher Principal Appellant Brief - Filed: 11/09/2007
File size: 2.23MB

U.S. v. Hollis Wayne Fincher Principal Appellee Brief - Filed: 12/21/2007
File size: 93kB

Court Dockets

U.S. v. Hollis Wayne Fincher Appeals Court Docket - Last Update: 08/18/2007

U.S. v. Hollis Wayne Fincher District Court Docket - Last Update: 08/19/2007

Arrest and Trial — Additional Documentation

Bond Hearing: U.S. v. Hollis Wayne Fincher   Adobe Acrobat   HTML   Wordperfect

Government Jury Instructions - Preliminary   Adobe Acrobat   Wordperfect

Defense Jury Instructions - Preliminary   Adobe Acrobat   Wordperfect

Judge Hendren's Jury Instructions - Preliminary    Adobe Acrobat - rendered from graphics
There will be two PDF versions of this document. The first is graphics based and will not allow text searches. The second will be text based and will be searchable. - PWD

Transcripts of Legal Proceedings: Case# 5:06-cr-50064-JLH-1

Index of Transcripts

First teleconference on Health and Status January 5, 2007

Second teleconference on Health and Status January 8, 2007

Hearing on Motion in Limine January 9, 2007

Jury Trial of Hollis Wayne Fincher January 10-12, 2007

Change of Legal Representation March 9, 2007

Sentencing of Hollis Wayne Fincher June 22, 2007

Hearing for Release on Bond Pending Self-Report June 26, 2007

IFP Hearing ordered by U.S. District Judge Jimm Larry Hendren July 3, 2007

All transcripts in a single volume Volume is 884 pages. File size: 2.5MB

Transcript Exhibits Volume is 37 pages. File size: 4.3MB

Hollis Wayne Fincher's In Forma Pauperis (IFP) Status

IFP Hearing conducted by Judge Jimm Larry Hendren pursuant to sua sponte investigation of the trial court.

District Court Order Revoking Wayne's IFP status District Judge, Jimm Larry Hendren revokes Wayne's IFP status and requests the Appeals Court remand for resentencing.

8^th Circuit Appeals Court, Show Cause Order Show Cause order by the 8^th Circuit Court of Appeals.

HWF Response to 8^th Circuit Order for Show Cause This is the response filed by Wayne's pro bono attorney demonstrating that Judge Hendren's conclusion's were and are flawed, and that the process Judge Hendren engaged in was procedurally improper.

US Response to 8^th Circuit Order for Show Cause This is the response of the Assistant U.S. District Attorney, in which she now agrees with Judge Hendren after having no problem with Wayne's IFP status throughout the arrest, trial and sentencing.

8^th Circuit Judgement on Show Cause Order This is the 8^th Circuit's decision on the Show Cause Order given in response to District Judge, Jimm Larry Hendren's ruling removing Wayne's IFP status and request for Remand for Resentencing.

Motion to Reconsider filed for IFP consideration for expenses. This is a specific request for the Appeals Court to rule on Wayne's IFP status.

8^th Circuit ruling on IFP Motion to Reconsider This is the 8th Circuit's ruling on the motion to reconsider Wayne's IFP status, which the court refused to rule on, all the while denying District Judge Jimm Larry Hendren's Request for Remand for resentencing based upon Hendren's "investigation" of Wayne's IFP Status.

Court Rules and Procedures

Manual of Model Criminal Jury Instructions - Eighth Circuit  

Rules of the Court - Eighth Circuit