United States District Court, W.D. Louisiana, Lake Charles Division
RANDALL C. THOMPSON D.O.C. # 590603
UNASSIGNED DISTRICT JUDGE
REPORT AND RECOMMENDATION
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 Randall C. Thompson, who
is proceeding pro se in this matter. Thompson is an inmate in
the custody of the Louisiana Department of Public Safety and
Corrections and is currently incarcerated at the Louisiana
State Penitentiary in Angola, Louisiana. Darrel Vannoy,
warden of that facility and respondent in this matter,
opposes the petition.
petition is referred to the undersigned for review, report,
and recommendation in accordance with 28 U.S.C. § 636
and the standing orders of the court. For the following
reasons IT IS RECOMMEDED that the petition
for writ of habeas corpus be DENIED and
DISMISSED WITH PREJUDICE.
was charged by bill of information in the Fourteenth Judicial
District Court, Calcasieu Parish, Louisiana, with one count
of aggravated incest, a violation of Louisiana Revised
Statute § 14:78.1. Doc. 17, att. 3, p. 52. At the
conclusion of a jury trial on September 13, 2011, he was
convicted as charged with 11 of 12 jurors concurring in the
verdict. Id. at 46. He was sentenced to a 35 year
term of imprisonment, without benefit of probation, parole,
or suspension of sentence. Doc. 17, att. 12, p. 204.
filed an appeal in the Louisiana Third Circuit Court of
Appeal, alleging the following assignments of error:
1. The trial court erred when it instructed the jury that
jurisdiction was not an issue for consideration, despite two
requests from the jury asking to consider the issue.
2. The trial court erred when it failed to grant the
defense's request for a mistrial after the State
presented “other crimes” evidence in violation of
the court's order.
3. The trial court erred in depriving the defendant of a
4. The case proceeded to trial in violation of the speedy
State v. Thompson, 111 So.3d 580, 581 (5th Cir.
2013). Finding no merit to the above claims and noting that
the defense had waived the jurisdictional argument by failing
to file a motion to quash, the Third Circuit affirmed
Thompson's conviction. Id. at 581-87. Thompson
sought review in the Louisiana Supreme Court, which denied
same. State v. Thompson, 125 So.3d 1102 (2013). He
then filed a petition for writ of certiorari in the United
States Supreme Court, which was denied on April 28, 2014.
Thompson v. Louisiana, 134 S.Ct. 1942 (2014).
State Collateral Review
filed a pro se application for post-conviction relief,
claiming ineffective assistance of trial counsel, in the
state district court on or about January 21,
2015. Doc. 17, att. 13, pp. 57-80. He also
requested appointment of counsel and an evidentiary hearing.
Id. at 54-56. After receiving a response from the
state, the court denied the application without a hearing.
Id. at 100. The petitioner sought a writ of review
in the Third Circuit, which denied same with the following:
WRIT DENIED: Relator was not
prejudiced by counsel's failure to file a motion to quash
the indictment or a motion to continue the trial. Relator had
sufficient time to investigate and interview witnesses based
on discovery responses filed on March 21, 2011. Accordingly,
Relator's writ application seeking review of the trial
court's June 15, 2015 order is denied. See Strickland
v. Washington, 466 U.S. 668, 104 S.Ct. 2052 (1984).
Id. at 107. The petitioner then sought review in the
Louisiana Supreme Court, which denied same on April 7, 2017,
while also noting cursorily that “Relator fails to show
he received ineffective assistance of counsel under the
standard of Strickland . . . .” Id.
at 110-11; State ex rel. Thompson v. State,
215 So.3d 663 (La. 2017).
Federal Habeas Petition
instant petition was filed in this court on July 5, 2017.
Doc. 1, p. 15. Thompson raises the following claims for
1. The state courts circumvented federal law by failing to
rule on the petitioner's motion to appoint counsel in his
application for post-conviction relief.
2. Thompson received ineffective assistance based on:
a. Trial counsel's failure to file a motion to quash
b. Trial counsel's failure to seek a continuance.
c. Trial counsel's failure to properly investigate and
d. The cumulative effect of trial counsel's errors.
3. The allowance of a conviction by non-unanimous jury under
Louisiana law is unconstitutional.
4. The state court lacked jurisdiction over Thompson's
5. The state court erred in not granting a mistrial after
prosecutors elicited other crimes evidence.
Doc. 1, att. 2. The respondent has filed an answer and
memorandum in opposition [doc. 17; doc. 17, att. 1] and
Thompson has filed a reply. Doc. 19. Accordingly, ...