Mays v. Louisiana State Penitentiary

Filing 18

JUDGMENT ADOPTING 16 Report and Recommendations, denying petition for writ of habeas corpus. Signed by Judge S Maurice Hicks on 8/23/2012. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
TERRY MAYS

CIVIL ACTION NO. 09-CV-1536

VERSUS

JUDGE S. MAURICE HICKS, JR.

WARDEN, LOUISIANA STATE
PENITENTIARY

MAGISTRATE JUDGE HORNSBY

JUDGMENT
For the reasons assigned in the Report and Recommendation of the Magistrate
Judge previously filed herein, and having thoroughly reviewed the record, including the
written objections and exhibits1 filed, and concurring with the findings of the Magistrate
Judge under the applicable law;
IT IS ORDERED that the petition for writ of habeas corpus is denied.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District
Courts requires the district court to issue or deny a certificate of appealability when it enters
a final order adverse to the applicant. The court, after considering the record in this case
and the standard set forth in 28 U.S.C. Section 2253, denies a certificate of appealability
because the applicant has not made a substantial showing of the denial of a constitutional
right.

1

This court makes special note of its review of Exhibit A submitted in petitioner’s
objections to the Report and Recommendation. Exhibit A does not advance petitioner’s
claim, as the autopsy report disputed by petitioner was not admitted into evidence and
petitioner’s counsel was permitted to cross-examine Dr. McCormick. Additionally,
petitioner’s claims that “but for the constitutional error, no reasonable juror could have
found the petitioner guilty” is wholly without merit. There is no dispute in the record that the
victim was killed by a shotgun blast to the neck. There has never been an argument at trial
or on appeal that there was another cause of death.

THUS DONE AND SIGNED, in Shreveport, Louisiana, this 23 day of August, 2012.

Page 2 of 2