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Boone v. Davis

United States District Court, N.D. Texas, Fort Worth Division

April 21, 2017

RODNEY NATHANIEL BOONE, Petitioner,
v.
LORIE DAVIS, Director, [1] Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          MEMORANDUM OPINION AND ORDER

          JOHN MCBRYDE, UNITED STATES DISTRICT JUDGE

         This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by petitioner, Rodney Nathaniel Boone, a state prisoner confined in the Correctional Institutions Division of the Texas Department of Criminal Justice (TDCJ), against Lorie Davis, director of TDCJ, respondent. After having considered the pleadings, state court records, and relief sought by petitioner, the court has concluded that the petition should be denied.

         I. Factual and Procedural History

         In 2012 petitioner was indicted in Tarrant County, Texas, for possession of a controlled substance, heroin, of four grams or more but less than two-hundred grams with the intent to deliver. (SH15 - WR-54, 131-05, 81, ECF No. 16-20.) The indictment also included a habitual-offender notice, alleging two prior felony convictions. (Id.) On June 19, 2013, after a jury found petitioner guilty on a separate drug-related offense in Case No. 1289758D, petitioner entered a guilty plea pursuant to a plea agreement in the instant case, the state waived the habitual-offender notice, and petitioner was sentenced to fifteen years' confinement, the sentence to run concurrently with his 3 0-year sentence in Case No. 1289758D. (Id. at 75-78, 83; SH15-WR-54, 131-05, Supp. R., 2-4, ECF No. 16-19.) Petitioner appealed his conviction and/or sentence, but the Second District Court of Appeals dismissed the appeal on the basis that petitioner had no right of appeal in a plea-bargained case. (Mem. Op. 2, ECF No. 16-5.) Petitioner also filed three state habeas-corpus applications challenging his conviction and/or sentence. The first two were denied by the Texas Court of Criminal Appeals without written order on the findings of the trial court and the third was dismissed as successive. This federal habeas petition followed.

         II. Issues

         Petitioner raises a plethora of claims for relief in his various pleadings before the court. His claims are addressed as thoroughly as practical and appear to fall within the following general categories:

(1) Fourth Amendment violation;
(2) Defective indictment;
(3) Trial court error;
(4) Insufficient evidence;
(5) Actual innocence;
(6) Involuntary plea;
(7) Ineffective assistance of trial counsel;
(8) Prosecutorial misconduct; and
(9) Denial of a full and fair evidentiary hearing.

(Orig. Pet. 1-3, ECF No. 1; Form Pet. 6-7, ECF No. 6; Pet'r's Mem. 1-11, ECF No. 7; Pet'r's Supp. Pet. 1-6, ECF No. 19; Pet'r's Reply 1-9, ECF No. 26.) To the extent petitioner's claims involve matters or events related to his jury trial proceedings and resultant conviction and sentence in Case No. 1289758D, the claims are neither relevant to nor considered in the context of his guilty plea in the instant case. Petitioner ...


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