United States District Court, W.D. Louisiana, Lake Charles Division
KENNITH W. MONTGOMERY DOC # 123966
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
the court is a petition for writ of habeas corpus
filed pursuant to 28 U.S.C. § 2254 by pro se
petitioner Kennith Montgomery. Montgomery is an inmate in the
custody of the Louisiana Department of Public Safety and
Corrections. He is incarcerated at David Wade Correctional
Center in Homer, Louisiana.
Following a jury trial in the Fourteenth Judicial District
Court, Calcasieu Parish, Louisiana, Montgomery was convicted
of two counts of distribution of cocaine, a violation of
Louisiana Revised Statute § 40:967. State v.
Montgomery, 158 So.3d 87, 89 (La. Ct. App. 3d Cir.
2014). After sentencing, he was adjudicated a habitual
offender by separate proceeding sentenced to two concurrent
thirty-year terms of imprisonment. Id. at 89. He
appealed his convictions to the Louisiana Third Circuit Court
of Appeal, raising the following assignments of error pro
se and through counsel:
1. The trial judge failed to recuse himself or properly refer
the recusal motion to another judge.
2. The trial judge denied the defendant a full and fair
hearing on his motion to suppress.
3. The defendant was denied due process by the district
attorney's failure to timely provide discovery.
4. The Calcasieu Parish method of selecting jurors is
unconstitutionally prejudicial as it systematically excludes
African-Americans from jury duty.
Id. The Third Circuit reviewed these claims on the
merits and denied relief, with one judge filing a dissent
asserting, in relevant part, that the majority had failed to
consider all allegations under the denial of discovery claim.
Id. at 89-96. The petitioner sought a writ of review
in the Louisiana Supreme Court, which denied same on November
16, 2015. State v. Montgomery, 184 So.3d 23 (La.
2015). He did not file a petition for writ of certiorari in
the United States Supreme Court. Doc. 1, p. 3.
about December 2, 2015, Montgomery filed a pro se
Uniform Application for Post-Conviction Relief with an
accompanying memorandum in the trial court. Doc. 1, att. 3,
pp. 71-92. There he renewed his claim based on late
disclosure of evidence, and alleged that he was denied his
right to self-representation under the Sixth Amendment when
the trial court appointed standby counsel despite granting
his motion for self-representation. Id. Within that
second claim, he alleged that stand-by counsel prevented him
from adequately preparing for trial by failing to timely
provide him with discovery and give him notice of his new
trial date. Id. at 91-92. He states that the trial
court denied this application on the merits and his exhibits
show that he then sought review in the Third Circuit.
Id. at 94-115; see Id. at 104 (quoting
trial court's ruling). The Third Circuit denied writs,
finding no error to the trial court's ruling.
Id. at 120. Montgomery then sought review in the
Louisiana Supreme Court, adding a claim that the Third
Circuit had “grossly departed from proper judicial
proceedings” in its treatment of his pro se
writ application. Id. at 3-27. The Louisiana Supreme
Court denied review on November 17, 2017. Id. at
then filed his petition for writ of habeas corpus in this
court on January 9, 2018. Doc. 1, p. 15. Here he raises the
following claims for relief:
1. The trial court erred in allowing the state to introduce
video evidence at trial, which it only turned over to the