United States District Court, M.D. Louisiana
MAGISTRATE JUDGE'S REPORT
STEPHEN C. RIEDLINGER, Magistrate Judge.
Before the court is the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Darrell Williams.
For the reasons which follow, the petition should be denied.
Petitioner was found guilty of one count second degree murder in the Nineteenth Judicial District Court for East Baton Rouge Parish, Louisiana on April 30, 2010. Petitioner was sentenced to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence.
Petitioner, through counsel, appealed his conviction and sentence asserting a single assignment of error:
1. The trial court erred when it denied his motion for mistrial based on the State's failure to comply with La.C.Cr.P. art. 716(B).
Petitioner filed a pro se brief in which he asserted an additional assignment of error:
2. The State's failure to notify the defense of its intent to introduce an inculpatory statement violated La.C.Cr.P. art. 768.
The Louisiana First Circuit Court of Appeal affirmed the petitioner's conviction and sentence in State of Louisiana v. Darrell Williams, 2011-0324 (La.App. 1st Cir. 9/14/11), 90 So.3d 542 (Table).
Petitioner sought review by the Louisiana Supreme Court, which denied review on February 17, 2012. State of Louisiana v. Darrell Williams, 2011-2200 (La. 2/17/12), 82 So.3d 283.
Petitioner signed his application for post-conviction relief ("PCRA") on April 25, 2012, and it was filed on May 2, 2012. Petitioner asserted the following ground for relief:
1. He was denied effective assistance of counsel when counsel failed to obtain an expert in forensic pathology to establish that the petitioner's injuries were not self-inflicted.
On May 7, 2012, the petitioner supplemented his PCRA. Petitioner asserted the following additional ground for relief:
2. His due process rights were violated as a result of defense counsel's conflict of interest. Specifically, the petitioner argued that a conflict of interest was created by the mere fact that his defense counsel was a former prosecutor.
On November 2, 2012, a Commissioner's Recommendation was issued recommending that the PCRA, including the claim asserted in the supplemental brief, be denied. On January 7, 2013, the trial court adopted the Commissioner's Recommendation and denied the PCRA for the reasons set forth therein.
Petitioner sought review in the Louisiana First Circuit Court of Appeal. On May 8, 2013, the Louisiana First Circuit Court of Appeal denied review. State of Louisiana v. Darrell Williams, 2013-0477 (La.App. 1st Cir. 5/8/13).
Petitioner sought review by the Louisiana Supreme Court, which denied review on January 17, 2014. State ex rel. Darrell Williams v. State of ...