United States District Court, M.D. Louisiana
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
take notice that the attached Magistrate Judge's Report
has been filed with the Clerk of the United States District
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.
NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN
OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
JUDGE'S REPORT AND RECOMMENDATION
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.
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.
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).
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.
facts and investigatory summary, as provided in the opinion
of the Louisiana Court of Appeal for the First Circuit, are
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.
upon the evidence and testimony elicited at trial, the jury
found Petitioner guilty of aggravated rape, armed robbery and
attempted armed robbery.
Substantive Review - ...