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White v. Cain

United States District Court, M.D. Louisiana

October 24, 2014

ANTHONY WHITE (#117144)
v.
N. BURL CAIN, ET AL

MAGISTRATE JUDGE'S REPORT

STEPHEN C. RIEDLINGER, Magistrate Judge.

Before the court on the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Anthony White.

For the reasons which follow, the petition should be dismissed with prejudice as untimely pursuant to 28 U.S.C. § 2244(d).

I. Procedural History

Anthony White was found guilty of one count of armed robbery in the Nineteenth Judicial District Court for East Baton Rouge Parish, Louisiana on July 17, 2008. Petitioner was adjudicated a fourth felony habitual offender and was sentenced to 99 years imprisonment at hard labor without the benefit of probation or suspension of sentence.

On direct appeal the petitioner asserted four assignments of error:[1]

1. Insufficient evidence to support the conviction.
2. The trial court erred in finding that probable cause existed to support the charged offense.
3. The trial court erred in failing to order a transcript of the preliminary examination, which prevented judicial review based on a complete record.
4. There was insufficient evidence to support his armed robbery conviction.

The Louisiana First Circuit Court of Appeal affirmed the petitioner's conviction, habitual offender adjudication and sentence. State v. White, supra . Petitioner sought review in the Louisiana Supreme Court.[2] The Louisiana Supreme Court denied review on November 12, 2010. State ex rel. Anthony Ray White v. State of Louisiana, 2009-2663 (La. 11/12/10), 49 So.3d 883.

Petitioner signed an application for post-conviction relief ("PCRA") on July 12, 2011 and it was filed on July 20, 2011.[3] Petitioner asserted the following grounds for relief:

1. There was insufficient evidence to support his armed robbery conviction.
2. His due process rights were violated when the trial court found probable ...

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