Grace v. Louisiana State Penitentiary

Filing 21

JUDGMENT ADOPTING 14 Report and Recommendations. IT IS ORDERED that Claims 2, 3, 4, 5, and 6 of the instant petition for federal habeas corpus relief (that the admission of statements of deceased co-conspirator Tony THomas was in violation of pe titioner's Sixth Amendment right to confront his accusers; that petitioner's Sixth Amendment right to Compulsory Process was denied when the trial court denied petitioner's request to allow six alibi witnesses to testify because of a d iscovery violation (late disclosure); the State knowingly presented the alleged perjured testimony of Detective Chatuese Richard; ineffective assistance of appellate counsel because appellate counsel failed to raise a claim of ineffective assistance of trial counsel for (a) failing to comply with discovery rules regarding alibi witness disclosure and (b) failing to request a cautionary charge concerning accomplice testimony; and ineffective assistance of counsel because counsel (a) failed to inv estigate or interview alibi witnesses; (b) failed to provide State with the names of alibi witnesses in response to discovery, (c) failed to file a Motion to Quash or object to the conspiracy to commit armed robbery charges when petition had also bee n charged with armed robbery based on double jeopardy grounds, and (d) failed to request a cautionary charge concerning accomplice testimony) are DENIED AND DISMISSED WITH PREJUDICE because these claims are procedurally defaulted. IT IS FURTHER ORDERED the Claim 1 of the instant petition (that there was insufficient evidence to support petitioner's convictions) shall remain pending for further proceedings. Signed by Judge Richard T Haik, Sr on 5/8/15. (crt,Guidry, C)