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.

Ray v. McCain

United States District Court, W.D. Louisiana, Lake Charles Division

June 11, 2018

ALTON RAY D.O.C. # 599637
v.
W.S. McCAIN

         SECTION P

          REPORT AND RECOMMENDATION

          Kathleen Kay, Judge

         Before the court is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Alton “Aldo” Ray, who is proceeding pro se in this matter. Ray is an inmate in the custody of the Louisiana Department of Public Safety and Corrections and is currently incarcerated at the Raymond Laborde Correctional Center in Cottonport, Louisiana. W.S. McCain, warden of that facility and respondent in this matter, opposes the petition and Ray has filed a reply. Docs. 21, 27. Accordingly, the matter is now ripe.

         This 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 as time-barred under 28 U.S.C. § 2244(d).

         I.

         Background

         A. Conviction

         On February 1, 2011, in the Thirtieth Judicial District Court, Vernon Parish, Louisiana, Ray was charged by bill of information with two counts of molestation of a juvenile, a violation of Louisiana Revised Statute § 14:81.2(A)(1), or in the alternative, two counts of sexual battery of a juvenile, a violation of La. Rev. Stat. § 14:43.1. Doc. 22, att. 1, p. 38. After a one-day bench trial on January 11, 2012, Ray was acquitted on the first count and convicted of sexual battery on the second count. Doc. 22, att. 6, pp. 6-8. Ray made a motion and amended motion for a new trials [doc. 22, att. 3, pp. 1-2, 6], and the court denied same after a hearing. Id. at 9; see doc. 22, att. 6, pp. 12-18 (hearing transcript). Ray was then sentenced on June 12, 2012, to a twenty-five year term of imprisonment, the minimum required by law, without benefit of probation, parole, or suspension of sentence. Doc. 22, att. 1, p. 14; doc. 22, att. 3, pp. 20-22. He filed a motion to reconsider sentence, which was summarily denied without a hearing. Doc. 22, att. 3, pp. 11-12.

         B. Direct Appeal

         Through counsel, Ray raised the following assignments of error in the Louisiana Third Circuit Court of Appeal:

1. The evidence introduced at trial was insufficient to support his conviction for sexual battery.
2. The trial court failed to confirm whether Ray had knowingly and voluntarily waived his right to jury trial.
3. The trial court imposed a constitutionally excessive sentence.
4. The trial court erred in failing to consider the mitigating circumstances in the case, which require deviation from the ...

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.