United States District Court, W.D. Louisiana, Lake Charles Division
JEREMY L. BROWN D.O.C. # 324084
REPORT AND RECOMMENDATION
KATHLEEN KAY, UNITED STATES MAGISTRATE JUDGE
the court is a petition for writ of habeas corpus [doc. 1]
filed by pro se petitioner Jeremy L. Brown
(“petitioner”). The petitioner is an inmate in
the custody of the Louisiana Department of Safety and
Corrections. The respondent opposes the petition [doc. 12].
The petition is now ripe for review.
matter has been referred to the undersigned for review,
report, and recommendation in accordance with the provisions
of 28 U.S.C. § 636. For reasons stated below, IT
IS RECOMMENDED that all claims be
DENIED and DISMISSED WITH
petitioner was indicted on August 27, 2008, on two counts of
first-degree murder, one count of theft over $500, and one
count of obstruction of justice. Doc. 1, att. 2, p. 84; Doc
12, att. 1, p.3; see State v. Brown, 2013 La. App.
Unpub. LEXIS 221, 12-1023 (La.App. 3 Cir. 04/03/13), 2013 WL
1319551. The indictment alleged that, between Tuesday night,
June 17, and Wednesday morning, June 18, 2008, petitioner
murdered his sixty-seven-year-old mother and seventy-nine-
year-old stepfather in their home, took items out of the
house that would incriminate him in the crimes, put them in
the trunk of the victims' car, and attempted to sell the
car two days later. Brown, 2013 La. App. Unpub.
LEXIS 221, at *3.
trial commenced on May 21, 2012, and on May 25, 2012,
petitioner was found guilty on all counts. Id. at
*2. On May 31, 2012, Defendant filed a "Motion for
Judgment of Acquittal" and a "Motion for New
Trial," which were denied by the trial court prior to
the sentencing hearing. On June 26, 2012, petitioner was
sentenced to life imprisonment without the benefit of parole,
probation, or suspension of sentences on the two convictions
for first degree murder. Id. He was also sentenced
to ten years at hard labor on each of the theft and the
obstruction convictions, sentences to be served concurrently.
through counsel, timely filed a direct appeal in the
Louisiana Third Circuit Court of Appeal raising three
assignments of error: (1) trial court erred in denying his
motion for mistrial based on the prosecutor's repeated
reference in closing argument that the petitioner wanted to
“throw the black man under the bus. Not the white guy
who did it. Let's throw the black man under the
bus;” (2) that State v. Prieur and its progeny
required that the other crimes evidence of the
petitioner's prior manslaughter conviction not be
admitted into evidence during the State's case-in-chief;
and (3) insufficient evidence. Id. at *3. The
appellate court affirmed the conviction on all counts on
April 3, 2013. He did not seek review in the Louisiana
State Collateral Review
petitioner filed a pro se application for post-conviction
relief in the state district court, on or about September 21,
2013, raising one claim, that he had an unfair jury
trial/biased jury/jury misconduct. Doc. 1, att. 2, p.8.
Following an evidentiary hearing, the state district court
denied the application on October 5, 2016. Doc. 15-7, pp.
166-2011. The petitioner then sought writs in the Third
Circuit Court of Appeal, raising the jury misconduct/jury
bias issue, as well as illegal arrest, prosecutorial
misconduct and ineffective assistance of counsel. Doc. 1,
att. 2, pp. 3-30. The Third Circuit denied his writ on the
jury issue and remanded the remaining claims to the trial
court for a ruling, finding that the trial court's
October 5, 2016 ruling did not address them. Doc. 1, att. 2,
petitioner then sought a writ of review in the Louisiana
Supreme Court, wherein he raised the sole issue of jury
misconduct/jury bias [Doc. 1, att. 2, pp. 156-, 165]. The
Supreme Court denied same on November 5, 2018. Id.
Federal Habeas Petition
instant petition was filed in this court on November 20,
2018, and raises the sole issue of jury misconduct/jury bias.