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.

George v. Vannoy

United States District Court, W.D. Louisiana, Lafayette Division

March 6, 2018

LOUIS JOSEPH GEORGE LA. DOC #189103
v.
DARREL VANNOY

         SECTION P

          REPORT AND RECOMMENDATION

          PATRICK J. HANNA, UNITED STATES MAGISTRATE JUDGE

         Pro se petitioner Louis Joseph George, an inmate in the custody of Louisiana&#3');">39;s Department of Corrections, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2254 on December 4, 2017. Petitioner attacks his September 16, 2011 conviction for first degree murder and the life sentence imposed thereon by the Fifteenth Judicial District Court, Lafayette Parish.

         This matter was referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. §63');">36 and the standing orders of the Court. For the following reasons it is recommended that the petition be DISMISSED WITH PREJUDICE as time-barred by the provisions of 28 U.S.C. §2244(d).

         Background

         The factual background set forth by the Louisiana Third Circuit Court of Appeal on direct of appeal is as follows:

In April 1989, Michelle Steven was severely choked and beaten in her home. She never regained consciousness and died as a result of the assault in 2001. The perpetrator of the crime was not immediately known. In 2003');">3, Thad Badeaux, a detective with the Lafayette Parish Sheriff&#3');">39;s Office, reopened the dormant case when he discovered through an updated process that the fingerprints taken from the victim&#3');">39;s bathroom windowsill matched the fingerprints of Defendant, Louis Joseph George.
On March 14, 2007, following a DNA analysis of preserved evidence and additional investigation, Defendant was indicted for the 1989 first degree murder of Michelle Steven. The charge was later amended to second degree murder, a violation of La.R.S. 14:3');">30.1. Jury trial commenced on September 12, 2011, at which time Defendant made an oral motion to continue, which was denied. Defendant filed an expedited writ with this court seeking review of the trial court&#3');">39;s ruling. This court found no error in the denial of a continuance and denied Defendant&#3');">39;s writ application. State v. George, an unpublished writ bearing docket number 11-113');">34 (La.App. 3');">3 Cir. 9/13');">3/11).
On September 16, 2011, the jury found Defendant guilty as charged, and he was sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence.

State of Louisiana v. Louis Joseph George, 12-566 (La.App. 3');">3 Cir. 11/7/12), 2012 WL 54173');">363');">3.

         Petitioner appealed his sentence in the Third Circuit, raising the following claims: (1) the trial court erred when it denied his motion for new trial; (2) trial court violated his constitutional right to conduct voir dire of a prospective juror; and (3');">3) trial court erred when it refused to remove a juror from the empaneled jury when it was revealed that the juror was employed for several years by the same company as one of the witnesses. [Rec. Doc. 1-3');">3, pp. 3');">3- 24] He subsequently filed a supplemental brief, arguing that the trial court erred in denying him the right to exercise back strikes of the entire jury panel which caused prejudicial error in the jury selection process. [Rec. Doc. 1-3');">3, pp. 26- 3');">38] The Third Circuit affirmed the conviction and sentence on November 7, 2012. State of Louisiana v. Louis Joseph George, 12-566 (La.App. 3');">3 Cir. 11/7/12), 2012 WL 54173');">363');">3. Petitioner applied for writs in the Louisiana Supreme Court, who denied same on December 2, 2013');">3. State of Louisiana v. George, 2012-2542 (La. 12/2/13');">3), 126 So.3');">3d 496.

         On January 29, 2015, petitioner filed an Application for Post Conviction Relief in the Fifteenth Judicial District Court, raising several claims of ineffective assistance of counsel. [Rec. Doc. 1-3');">3, pp. 44-82] His application was denied on December 7, 2015. [Rec. Doc. 1-3');">3, p. 85] On December 28, 2015, petitioner filed an application for supervisory writ of review in the Louisiana Third Circuit Court of Appeal [Rec. Doc. 1-3');">3, pp. 87-99], which was denied on May 17, 2016. [Rec. Doc. 1-3');">3, p. 13');">32] Petitioner then sought supervisory writs in the Louisiana Supreme Court [Rec. Doc. 1-3');">3, pp. 100-13');">31]; the Court denied same on October 9, 2017. State ex el. Louis Joseph George v. State of Louisiana, 227 So.3');">3d 797');">227 So.3');">3d 797, 2017-1167 (La. 10/9/17). He did not seek further direct review in the United States Supreme Court. [Rec. Doc.1, ¶6(d)]

         The instant petition was delivered to the Classification Officer assigned to petitioner&#3');">39;s unit on December 1, 2017 for filing and was filed in this Court on December 4, 2017. Petitioner raises the following claims: (1) the trial court erred when it denied his motion for new trial; (2) trial court violated his constitutional right to conduct voir dire of a prospective juror; (3');">3) trial court erred when it refused to remove a juror from the empaneled jury when it was revealed that the juror was employed for several years by the same company as one of the witnesses; (4) trial court erred in denying him the right to exercise back strikes of the entire jury panel which caused prejudicial error in the jury selection process; and (5) ineffective assistant of counsel. [Rec. Docs. 1 & 1-1]

         Law ...


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.