Francis v. Cain

Filing 17

JUDGMENT ADOPTING 15 Report and Recommendations, granting in part and denying in part 1 Petition for Writ of Habeas Corpus filed by Kelvin Francis. The petition is granted as it relates to the second claim seeking a new sentencing hearing an d that matter is remanded to the Fifteenth Judicial District Court, Acadia Parish, Louisiana for resentencing. The request for an evidentiary hearing raised in petitioner's objections is denied, and the petitioner's remaining claim alleging ineffective assistance of counsel is denied and dismissed with prejudice. Signed by Judge S Maurice Hicks on 10/3/2017. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

KELVIN FRANCIS

CIVIL ACTION NO. 16-0197

VERSUS

JUDGE S. MAURICE HICKS, JR.

BURL CAIN

MAGISTRATE JUDGE KAY

JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, determining that the findings are correct under the applicable law,
and noting the petitioner’s objections to the Report and Recommendation;
IT IS ORDERED that the Petition for Writ of Habeas Corpus (Record Document 1)
be GRANTED IN PART and DENIED IN PART. The petition is GRANTED as it relates to
the second claim seeking a new sentencing hearing in compliance with Miller v. Alabama,
132 S.Ct. 2455 (2012), and that the matter be remanded to the Fifteenth Judicial District
Court, Acadia Parish, Louisiana, for resentencing. The request for an evidentiary hearing
raised in the petitioner’s objections is hereby DENIED, and the petitioner’s remaining claim,
alleging ineffective assistance of counsel, is hereby DENIED and DISMISSED WITH
PREJUDICE.
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. Here, Petitioner’s ineffective assistance of counsel
claim was denied. Thus, the Court, after considering the record in this case and the
standard set forth in 28 U.S.C. § 2253, DENIES a certificate of appealability because the

applicant has not made a substantial showing of the denial of a constitutional right.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 3rd day of October,
2017.