Brue v. Cain et al

Filing 19

OPINION Adopting 17 Report and Recommendations of the U.S. Magistrate Judge. Signed by Judge John W. deGravelles on 03/11/2016. (ELW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BRANDON BRUE (#507020)
CIVIL ACTION
VERSUS
NO. 13-60-JWD-RLB
BURL CAIN, WARDEN
OPINION
After independently reviewing the entire record in this case and for the reasons set forth in
the Magistrate Judge's Report dated February 16, 2016, to which an objection was filed:
IT IS ORDERED that the petitioner’s application for habeas corpus relief is denied and
that this proceeding is dismissed.
IT IS FURTHER ORDERED that in the event that the petitioner pursues an appeal in
this case, a certificate of appealability is granted with regard to the issue whether the admission of
the handwritten statement purportedly made by Yarnell Brue may be seen to have been error of
such magnitude as to result in “grave doubt” that the error was not harmless in light of the totality
of the evidence at trial.
Signed in Baton Rouge, Louisiana, on March 11, 2016.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA