United States District Court, E.D. Louisiana
ORDER AND REASONS
the Court are the Magistrate Judge's Report and
Recommendation to dismiss petitioner David Temple's
request for habeas corpus relief (Rec. Doc. 8) and
petitioner's objections to the report and recommendation
(Rec. Doc. 9). For the reasons discussed below, IT IS
ORDERED that petitioner's objections are
IS FURTHER ORDERED that the Magistrate Judge's
Report and Recommendation is ADOPTED as the
opinion of the court; and
IS FURTHER ORDERED that the petition for § 2254
habeas relief is DISMISSED.
BACKGROUND AND PROCEDURAL HISTORY
Scott Temple (“petitioner”) is a convicted inmate
currently incarcerated in the Louisiana State Penitentiary in
Angola, Louisiana. See Rec. Doc. 8 at 1. On February
6, 2015, petitioner was charged by a bill of information in
St. Tammany Parish with one count of aggravated second degree
battery and one count of second degree kidnapping. See
Id. On February 19, 2015, petitioner entered a plea of
not guilty to the charges. See id.
trial, the State intended to prove that between November 22
and 24, 2014, petitioner imprisoned his girlfriend in the
residence they shared, repeatedly inflicting physical abuse
upon her and refusing to allow her to leave, and that on
November 22, 2014, he beat the victim with a flashlight, two
metal candle holders, and his belt, fracturing her patella
with a candle holder. See Rec. Doc. 8 at 1-2.
Petitioner also slammed the victim's head into a hard
floor before cutting her clothes off with a pocket knife,
rendering her completely naked. See Id. Afterwards,
petitioner dragged the victim by the hair outside and
fastened her to the back of his truck with a chain and dog
collar. See Id. Petitioner then drove the truck
around an adjacent field in a “doughnut” fashion.
See Id. Petitioner later unfastened her, and
attempted to chase her in the field with the truck. See
Id. After the two returned to their residence,
petitioner made the victim shower and clean herself,
threatened to kill both her and her daughter, and explained
in detail how he would. See id.
next day, petitioner forced the victim to clean the house in
an effort to eliminate any sign of violence or criminal
activity. See Id. When a neighbor returned home on
November 24, 2014, the victim sought and found assistance and
refuge. See Id. On November 25, 2014, petitioner was
arrested in Washington Parish pursuant to an arrest warrant.
trial took place on August 10 and 12, 2015. See Id.
At trial two officers testified, and pictures of the
victim's injuries were presented. See Id. at 12.
Shortly thereafter, petitioner indicated that he wanted to
plead guilty, and entered a guilty plea to both counts and to
a multiple bill filed by the state. See Id. at 2.
The trial court sentenced petitioner to concurrent sentences
of fifteen years in prison on count one and sixty years in
prison as a second offender on count two, with the latter
sentence to be served without benefit of probation or
suspension of sentence and without benefit of parole for the
first two years. See Id. at 2-3.
did not seek timely appeal of his conviction. See
Id. at 3. On December 21, 2015, he submitted an
application for post-conviction relief to the state trial
court, alleging that he was denied his right to a direct
appeal. See Id. The trial court denied
petitioner's application on February 22, 2016, finding
that he knowingly waived this right during the guilty plea
colloquy. See Id. Petitioner did not seek review of
this ruling. See id.
March 30, 2016, petitioner submitted a second application for
post-conviction relief to the trial court, asserting: (1) he
was denied effective assistance of counsel; and (2) that the
trial court abused its discretion by accepting his guilty
pleas. See Id. The trial court denied relief, and
held that petitioner had failed to prove ineffective
assistance of counsel under Strickland v.
Washington. See Id. at 3-4. The court denied
relief on the second issue on the grounds that it was
repetitive of his prior application, citing La. Code Crim. P.
art. 930.4. See Id. at 4.
Louisiana First Circuit denied petitioner's related writ
on September 22, 2016. See Id. It found that
petitioner's plea and waiver of his rights were both
knowing and voluntary, and that his ineffective assistance of
counsel claim was waived by the unconditional guilty plea.
See Id. Finally, on January 12, 2018, the Louisiana
Supreme Court denied petitioner's writ application,
holding that he failed to prove ineffective assistance of
counsel under the requirements set forth in
Strickland, and also that he failed to meet his
burden of proof on his second claim. See Id. On
February 14, 2018, petitioner submitted the instant federal
habeas petition, in which he asserted that: (1) he received
ineffective assistance of counsel at trial; and (2) the state
court abused its discretion by accepting his guilty plea.
See Rec. Doc. 1 at 4.