Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brown v. Vannoy

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

September 23, 2019

JEREMY L. BROWN D.O.C. # 324084
v.
DARRELL VANNOY

          CAIN, JUDGE

          REPORT AND RECOMMENDATION

          KATHLEEN KAY, UNITED STATES MAGISTRATE JUDGE

         Before 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.

         This 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 PREJUDICE.

         I.

         Background

         A. Conviction

         The 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.

         A jury 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. Id.

         B. Direct Appeal

         Petitioner, 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 Supreme Court.

         C. State Collateral Review

         The 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, p. 167.

         The 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. at 180.

         D. Federal Habeas Petition

         The instant petition was filed in this court on November 20, 2018, and raises the sole issue of jury misconduct/jury bias. Doc. 1.

         II.

         Law ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.