United States District Court, E.D. Louisiana
CARL A. DUPERON
JASON KENT AND ATTORNEY GENERAL STATE OF LOUISIANA
ORDER AND REASONS
the Court are petitioner Carl Duperon's pro se
application for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 (Rec. Doc. 3), the Magistrate Judge's Report
and Recommendation (“Report”) (Rec. Doc. 12), and
petitioner's objections (Rec. Doc. 15). For the reasons
enumerated below, IT IS ORDERED that the
objections are OVERRULED; IT IS FURTHER ORDERED that the
Magistrate Judge's Report is ADOPTED as the opinion of
FURTHER ORDERED that petitioner's claims are DISMISSED
BACKGROUND AND PROCEDURAL HISTORY
February 14, 2012, petitioner was found guilty of aggravated
arson. See Rec. Doc. 12 at 3. On February 23, 2012,
the trial court denied petitioner's motions for a new
trial and post-verdict judgement of acquittal. Id.
The trial court then sentenced petitioner to eighteen years
in prison, and subsequently denied his motion to reconsider
the sentence. Id.
direct appeal, petitioner argued the trial court erred in
denying two of his motions to suppress evidence. See
Id. at 3-4. The first being his motion to suppress
evidence seized without a warrant. Id. at 3. The
second being his motion to suppress an uncorroborated
anonymous tip. Id. at 3-4. The Louisiana First
Circuit Court held that the two challenges were procedurally
barred. See Id. at 4.
also asserted the evidence presented at trial was
insufficient to support the verdict, a claim that the First
Circuit Court found to be meritless. Id.
January 22, 2013, petitioner's sentence and conviction
became final as he failed to file for rehearing or seek a
writ of certiorari from the Louisiana Supreme Court. Id;
Butler v. Cain, 533 F.3d 314, 317 (5th Cir. 2008)
(citing Roberts v. Cockrell, 319 F.3d 690, 693 (5th
Cir. 2003)) (stating that an appeal is final when a state
defendant does not timely proceed throughout the appellate
25, 2013, petitioner submitted an application for
post-conviction relief to the trial court. See Rec.
Doc. 12 at 4. On August 15, 2013, the application was denied
as meritless and petitioner did not seek timely review of
this ruling. Id. at 5. On January 9, 2014,
petitioner filed a federal habeas corpus petition to this
Court, seeking relief on several grounds. Id. On
August 13, 2015, his petition was dismissed without prejudice
for failure to exhaust state court remedies. Id.
September 4, 2015, petitioner sought review of the state
trial court's August 15, 2013 order denying his
post-conviction application. See id. at 5. On
November 4, 2015, the First Circuit Court denied this writ
application. Id. at 6. On March 13, 2017, the
Louisiana Supreme Court also denied petitioner's writ
application, noting his failure to establish ineffective
assistance of counsel. Id.
April 14, 2017, petitioner filed the instant application of
habeas corpus without identifying specific grounds for
relief. See id. However, petitioner directed the
Court to review all of his prior filings. Accordingly, the
Magistrate Judge presumed petitioner intended to submit all
previously asserted claims. Id.
the Magistrate Judge presumed the petitioner's habeas
application asks the Court to consider: (1) the trial
court's denial of his motion to suppress evidence seized
without a warrant; (2) the trial court's denial of his
motion to suppress an uncorroborated anonymous tip, and
insufficiency of the evidence to support the verdict; (3) his
ineffective assistance of trial counsel claim; (4) his
ineffective assistance of appellate counsel claim; (5) the
clerk of court's failure to deliver paperwork to
appellate counsel; and (6) whether certain issues would have
revealed a different outcome at trial. See Id. at
JUDGE'S REPORT AND RECOMMENDATION
Judge Roby recommends that petitioner's instant
application be dismissed with prejudice because it is
time-barred. See Id. at 14. Petitioner had one year
from the date of his conviction to file a petition for habeas
corpus relief. Id. at 9. Petitioner did not submit
the instant petition until over two years after the
applicable one year statute of limitations expired.