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Temple v. Vannoy

United States District Court, E.D. Louisiana

July 30, 2019

DAVID TEMPLE
v.
DARREL VANNOY

         SECTION “B” (4)

          ORDER AND REASONS

         Before 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 OVERRULED;

         IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation is ADOPTED as the opinion of the court; and

         IT IS FURTHER ORDERED that the petition for § 2254 habeas relief is DISMISSED.

         FACTUAL BACKGROUND AND PROCEDURAL HISTORY

         David 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.

         At 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.

         The 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. See id.

         A jury 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.

         Petitioner 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.

         On 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.

         The 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.

         LAW AND FINDINGS

         A. ...


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