United States District Court, W.D. Louisiana, Shreveport Division
S. MAURICE HICKS, JR.
H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE
the Court is a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2254 (Doc. 1) filed by pro se
Petitioner Roy Robertson (“Robertson”) (#716382).
Robertson is an inmate in the custody of the Louisiana
Department of Corrections, incarcerated at the Louisiana
State Penitentiary in Angola, Louisiana. Robertson challenges
his conviction and sentence imposed in the First Judicial
District Court, Caddo Parish.
Robertson's Petition (Doc. 1) is timely and his claims
appear exhausted based on the documents provided, the
Petition (Doc. 1) should be SERVED on Respondent.
was convicted of aggravated rape of a person under the age of
12 in violation of La. R.S. 14:42. State v.
Robertson, 51, 521 (La.App. 2 Cir. 8/16/17, 1); 243
So.3d 1196. He was sentenced to life imprisonment at hard
labor without benefit of parole, probation, or suspension of
sentence. Id. Robertson's conviction was
affirmed on appeal, but the life sentence was modified to a
term of 20 years imprisonment without restriction on parole,
probation, or suspension of sentence. Id. Robertson
sought no further review on direct appeal.
filed an application for post-conviction relief on the
grounds that: (1) he was denied the right to appellate review
and a trial transcript; (2) he was denied effective
assistance of counsel because his attorney did not hire a
child sexual abuse expert; (3) the prosecutor committed
misconduct during the opening and closing arguments denying
Robertson of a fair trial; (4) the state was allowed 13
peremptory challenges during voire dire; (5) peremptory
strikes were used in a discriminatory manner; (6) he was
denied effective assistance of counsel because his attorney
failed to properly investigate and interview witnesses prior
to trial, subpoena records, and object to remarks by the
prosecutor; (7) his appellate counsel was ineffective for
failing to raise crucial issues on appeal; (8) there was
insufficient evidence to convict him; and (9) the statute of
limitations had expired. (Doc. 1-3, pp. 48-53). The trial
court denied Robertson's application. (Doc. 1-4, pp.
Louisiana Second Circuit Court of Appeal denied writs. (Doc.
1-4, p. 73). The Louisiana Supreme Court denied writs,
finding that: “Applicant fails to show that he received
ineffective assistance of counsel under the standard of
Strickland v. Washington, 466 U.S. 668, 104 S.Ct.
2052, 80 L.Ed.2d 674 (1984). As to his remaining claims,
applicant fails to satisfy his post-conviction burden of
proof. La.C.Cr.P. art. 930.2.” State v.
Robertson, 2018-1807 (La. 10/15/19); 280 So.3d 559.
§ 2254 Petition, Robertson raises the same claims
presented in the state courts.
Service of Process
CLERK IS DIRECTED to prepare summons and serve a copy of the
Petition (Doc. 1) and this Order on:
- the Attorney General for the State of Louisiana and the
respondent warden, via Certified Mail, and;
- the District Attorney for the First Judicial District
Court, Caddo Parish, where Robertson was convicted and