Scott v. Hubert et al

Filing 52

OPINION Adopting 49 Report and Recommendations that petitioner's claim that his guilty plea to aggravated burglary was not knowing and voluntary is denied.This matter is referred back to the magistrate judge for further proceedings on petitioner's sexual battery trial ineffective assistance of counsel claim. Signed by Judge Frank J. Polozola on 07/23/2012. (KDC)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA WARREN SCOTT, III (#463618) CIVIL ACTION VERSUS NO. 08-11-FJP-SCR CORNEL H. HUBERT, ET AL O P I N I O N After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report1 to which an objection was filed by counsel for plaintiff2 and counsel for the State of Louisiana3: The Court finds that petitioner's claim that his guilty plea to aggravated burglary was not knowing and voluntary is denied. This matter is referred back to the magistrate judge for further proceedings on petitioner's sexual battery trial ineffective assistance of counsel claim. Baton Rouge, Louisiana, July 23, 2012. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA 1 Rec. Doc. No. 49. 2 Rec. Doc. No. 50. 3 Rec. Doc. No. 51. Doc#47890

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