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Walker v. Cain

United States District Court, E.D. Louisiana

May 29, 2015

TRACY WALKER
v.
N. BURL CAIN, WARDEN SECTION

REPORT AND RECOMMENDATION

KAREN WELLS ROBY, Magistrate Judge.

The petitioner, Tracy Walker, has filed a second "Motion for Relief from the Judgment" (Rec. Doc. No. 46) pursuant to Fed. Civ. Rule 60(b)(6) in which he seeks relief from this Court's October 28, 2011, Judgment denying his federal petition for habeas corpus relief under 28 U.S.C. § 2254. The motion has been referred to the undersigned Magistrate Judge for preliminary review and, if necessary, for conducting a hearing, including an evidentiary hearing if necessary, and submission of proposed Findings and Recommendations for disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and (C).[1] Finding no merit in the motion and no basis for an evidentiary hearing, the Court recommends that the motion be DENIED.

I. Factual and Procedural Background

The petitioner, Tracy Walker ("Walker"), is a convicted inmate incarcerated in the Louisiana State Penitentiary at Angola, Louisiana.[2] On April 12, 2001, Walker was convicted by a jury in Tangipahoa Parish of the second degree murder of his estranged wife, Alice Walker.[3] Walker is currently serving a sentence of life in prison without benefit of parole, probation, or suspension of sentence.

In his underlying federal petition, Walker asserted the following grounds for relief, all of which had been raised in the state courts and procedurally barred from review for seeking untimely relief under La. Code Crim. P. art. 930.8:[4]

(1) the Trial Court erred in failing to have the bench conferences recorded during voir dire and trial which denied him the right to a meaningful appeal and in denying the defense challenge's for cause for jurors Smith, Piroux, Spangler, Conlin, Cockerham, and Garafalo;

(2) counsel was ineffective where he failed to:

(a) (1) object to the testimony about prior bad acts without proper notice, and (2) object to the testimony about other wrongs elicited from S.W. by the prosecutor,
(b) request a mistrial when the prosecutor made indirect reference to Walker's failure to testify,
(c) have the bench conferences recorded during voir dire,
(d) investigate and obtain the report where the pistol was reported stolen,
(e) request that the weapon be tested for fingerprints,
(f) request that the suspected marijuana and crack pipe found on the ...

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