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Goodeaux v. Cooley

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

September 17, 2019

TERRY JAMES GOODEAUX D.O.C. # 317866
v.
KEITH COOLEY

         SECTION P

          DOUGHTY, JUDGE

          REPORT AND RECOMMENDATION

          KATHLEEN KAY, UNITED STATES MAGISTRATE JUDGE

         Before the court is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Terry James Goodeaux, who is proceeding pro se in this matter. Goodeaux is an inmate in the custody of the Louisiana Department of Public Safety and Corrections and is currently incarcerated at the Allen Correctional Center in Kinder, Louisiana.

         This matter 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 be DENIED and DISMISSED WITHOUT PREJUDICE.

         I.

         Background

         Following a jury trial, Goodeaux was convicted in the Fourteenth Judicial District Court, Calcasieu Parish, Louisiana, of two counts of sexual battery and one count of attempted sexual battery. State v. Goodeaux, 231 So.3d 124 (La. Ct. App. 3d Cir. 2017). In his direct appeal he raised claims, through counsel, relating to the sufficiency of the evidence, the trial court's error in instructing the jury that attempted simple battery was a lesser included offense to sexual battery, the trial court's error in allowing the State to amend the bill of information, the trial court's error in determining whether his waiver of the conflict of interest between his legal team and their firm's previous representation of an adverse witness, and the trial court is overruling of a hearsay objection. Id. The Louisiana Third Circuit Court of Appeal affirmed Goodeaux's convictions and sentences for the two convictions of sexual battery, but reversed the conviction of the attempted simple battery, which is not a crime under Louisiana law, and vacated the sentence imposed on that conviction, on November 2, 2017. Id. Goodeaux sought review in the Louisiana Supreme Court, which denied same on September 14, 2018. State v. Goodeaux, 252 So.3d 488 (La. 2018).

         Goodeaux did not file any other petitions, applications or motions concerning this judgment in any state court. [doc. 1, p. 3, ¶ 10]

         On April 23, 2019, Goodeaux filed a Petition for Habeas Corpus in this Court, raising issues relating to ineffective assistance of trial counsel. [doc. 2, p. 13, ¶ 18]

         II.

         Law & Application

         A. Rule 4 Review

         Rule 4 of the Rules Governing § 2254 Cases authorizes preliminary review of such petitions, and states that they must be summarily dismissed “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” Id. at Rule 4. To avoid summary dismissal under Rule 4, the petition must contain factual allegations pointing to a “real possibility of constitutional error.” Id. at Rule 4, advisory committee note (quoting Aubut v. Maine, 431 F.2d 688, 689 (1st Cir. 1970)). ...


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