Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Landry v. Cain

United States District Court, M.D. Louisiana

February 28, 2018

KENTDELL LANDRY (#578407)
v.
N. BURL CAIN, WARDEN

          NOTICE

          ERIN WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.

         Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court.

         In accordance with 28 U.S.C. § 636(b)(1), you have fourteen (14) days after being served with the attached Report to file written objections to the proposed findings of fact, conclusions of law and recommendations therein. Failure to file written objections to the proposed findings, conclusions, and recommendations within 14 days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge which have been accepted by the District Court.

         ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.

         MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

         This matter comes before the Court on Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner Kentdell Landry challenges his 2010 convictions and sentences entered in the Nineteenth Judicial Court for the Parish of East Baton Rouge, State of Louisiana, on one count of aggravated rape, one count of armed robbery and one count of attempted armed robbery. Petitioner contends (1) that the trial court erred in allowing certain evidence to be admitted at trial, (2) that such error was not harmless, (3) that Petitioner's request for copies of the state court record, including the trial proceedings and investigatory and evidentiary materials, has been improperly denied, (4) that he was provided with ineffective assistance of counsel at trial, and (5) that there was prosecutorial misconduct during trial.

         In an initial response to Petitioner's application, the State asserted that Petitioner's claims herein were time-barred. Pursuant to a Report and Recommendation dated May 17, 2017 (R. Doc. 21), the undersigned Magistrate Judge recommended that the State's contention in this regard be rejected. Pursuant to Ruling dated June 7, 2017 (R. Doc. 25), the assigned District Judge accepted the Magistrate Judge's Recommendation and rejected the State's contention relative to untimeliness. The State has since filed a Supplemental Memorandum addressing Petitioner's claims. See R. Doc. 26.

         This Court will not here engage in a detailed recitation regarding the procedural history of this case, which history has already been provided in connection with the earlier Magistrate Judge's Report. In summary, Petitioner was convicted in 2010 in East Baton Rouge Parish on one count of aggravated rape, one count of armed robbery and one count of attempted armed robbery. On direct appeal, Petitioner asserted (1) that the trial court abused its discretion by allowing testimony regarding Petitioner's comments to law enforcement officials regarding certain song lyrics, and (2) that such error was not harmless. On February 10, 2012, the Louisiana Court of Appeal for the First Circuit affirmed Petitioner's convictions and sentences. See State v. Landry, 90 So.3d 553 (La.App. 1 Cir. 2012). Petitioner thereafter sought supervisory review in the Louisiana Supreme Court, which Court denied review, without comment, on June 1, 2012. See State v. Landry, 90 So.3d 436 (La. 2012).

         On or about March 7, 2013, Petitioner filed an application for post-conviction relief (“PCR”) in the state trial court, asserting that (1) he had a particularized need for a copy of his trial court record, (2) he was provided with ineffective assistance at trial in several respects, and (3) the prosecution engaged in misconduct in several respects. Pursuant to Ruling dated July 25, 2013, the state trial court denied Petitioner's application. Petitioner thereafter pursued additional review in the state appellate courts, but his applications for supervisory review were denied, with the intermediate appellate court denying review on January 16, 2014 and with the Louisiana Supreme Court denying review, without comment, on October 10, 2014.

         I. Factual Summary

         The facts and investigatory summary, as provided in the opinion of the Louisiana Court of Appeal for the First Circuit, are as follows:

On the night of December 23, 2008, R.S. and her friend, K.G., borrowed a movie from a friend and watched it in the living room of R.S.'s apartment. At some point, they fell asleep. In the early morning hours on December 24, 2009, they were awakened by the sound of the front door of the apartment being forcefully kicked open.
The defendant, whom R.S. and K.G. did not know, entered the apartment holding a gun and wearing a bandana over the lower part of his face. The defendant rushed toward K.G. and hit him. After K.G. fell to his knees, the defendant ordered R.S. to tie K.G.'s hands.
While holding the gun, the defendant told R.S. to take off her clothes. When R.S. cried and objected, the defendant hit her in the face. The defendant then raped R.S. After raping R.S., the defendant took a television, a bag of Christmas presents, a game system, and two cell phones. The defendant then fled from the apartment.
The investigation that followed eventually led the East Baton Rouge Parish Sheriff's Department to focus on the defendant. Detective Jordan Webb and Lieutenant Leonard Moore first contacted the defendant on January 6, 2009, at his residence. In his initial contact with the defendant, Detective Webb noticed that the defendant fit the physical description of the person believed to have perpetrated the crimes. At that point, Detective Webb verbally advised the defendant of his Miranda rights. The defendant agreed to accompany the officers to the downtown police office for an interview.
Lieutenant Moore drove the defendant to the police station in a police vehicle, with Detective Webb sitting in the back seat of the vehicle with the defendant. During the transport, the defendant engaged in casual conversation with the officers, including explaining the meaning of a lyric of a rap song that was playing on the radio of the police vehicle.
Before Lieutenant Moore began questioning the defendant at the police station, he advised the defendant of his Miranda rights and the defendant signed a waiver-of-rights form. The defendant's January 6, 2009 interview was videotaped. During the interview, the defendant admitted to entering the apartment on December 24, 2009, wearing a bandana over his face and brandishing a gun. He confessed to ordering R.S. to tie K.G.'s hands with a zip tie that he brought with him, having sex with R.S., and taking the television and the other items. At that point, the defendant was placed under arrest.

State v. Landry, 2012 WL 603997 (La.App. 1 Cir. 2012).[1]

         Based upon the evidence and testimony elicited at trial, the jury found Petitioner guilty of aggravated rape, armed robbery and attempted armed robbery.

         II. Substantive Review - ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.