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Johnson v. Goodwin

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

August 22, 2018

ROBERT DEWAYNE JOHNSON
v.
JERRY GOODWIN

         SECTION P

          TERRY A. DOUGHTY JUDGE

          REPORT AND RECOMMENDATION

          Karen L. Hayes United States Magistrate Judge

         Pro se petitioner, Robert Dewayne Johnson, an inmate in the custody of the David Wade Correctional Center in Homer, Louisiana, filed the instant Petition for writ of habeas corpus pursuant to 2');">28 U.S.C. § 2');">22');">254');">4 on July 3, 2');">2017. [doc. #1]. Petitioner attacks his December 13, 2');">2012');">2 conviction for armed robbery, and his sentence of 60 years imposed thereon by Louisiana's Fourth Judicial District Court, Ouachita Parish. This matter has been referred to the undersigned for review, report, and recommendation in accordance with the provisions of 2');">28 U.S.C. § 636 and the standing orders of the Court.

         Background Facts and Procedural History

         The underlying facts in this case have been set forth by the Louisiana Second Circuit Court of Appeal as follows:

This offense occurred at the County Market grocery store on Louisville Avenue in Monroe. On September 11, 2');">2011, the defendant entered the store through the front doors and walked through the checkout lines into the merchandise area. Kenneth Gordon, the assistant manager, was monitoring the in-store video surveillance system. He saw the defendant conceal several containers of deodorant and walk past the cash registers.
Gordon confronted the defendant near the front door, suggesting that he return the stolen items and just leave the store. The defendant refused, pulling out a box cutter seen by Gordon and a cashier, Ms. Sherata Carter. Gordon said that the box cutter was the “exact same model that I use every day at work.” When Gordon saw the box cutter, he jumped back and told the other employees not to try and detain the defendant. Gordon said to call the police and tell them that the defendant was armed.
The video is of low quality, but basically confirms the incident, though the weapon is not visible.
Monroe Police Officer Michael Freeman stopped the defendant after a short foot chase. The officer found numerous cans and sticks of deodorant on the defendant, as well as a loose box cutter blade. No. box cutter was ever recovered.
The defendant admitted to the officer that he stole the deodorant, but denied that he had a box cutter. Officer Freeman took the defendant back to the grocery store, where Gordon identified the defendant as the perpetrator.
At sentencing, the trial court noted that the defendant:
had three convictions for possession of cocaine (1995, 2');">2008, and 2');">2010)
had a long history of misdemeanor offenses and arrests (Examples of Johnson's criminal history include theft, trespass, flight from an officer, and battery.);
had been arrested, but not convicted, for aggravated arson and forcible rape;
was not prosecuted in the rape case because the victim could not be located;
attended school through the eighth grade before being expelled;
never got his GED;
had only four jobs in his life, none of which lasted more ...

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