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Taylor v. Davis

United States District Court, W.D. Texas, Austin Division

May 18, 2017

KEITH TAYLOR
v.
LORIE DAVIS[1]

          THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          ANDREW W. AUSTIN UNITED STATES MAGISTRATE JUDGE.

         The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. §636(b) and Rule 1(e) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrate Judges.

         Before the Court is Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Document 1). Petitioner, proceeding pro se, has paid the full filing fee for his application. For the reasons set forth below, the undersigned finds that Petitioner's application for writ of habeas corpus should be dismissed.

         I. STATEMENT OF THE CASE

         A. Petitioner's Criminal History

         According to Petitioner, the Director has custody of him pursuant to a judgment and sentence of the 390th Judicial District Court of Travis County, Texas. Petitioner pleaded guilty to and was convicted of aggravated robbery and solicitation to commit capital murder. On April 27, 2012, he was sentenced to 45 years' imprisonment for each crime to be served concurrently. Petitioner did not appeal his convictions. He did, however, challenge his convictions in four state applications for habeas corpus relief. Petitioner executed his first two state applications on December 18, 2014. The Texas Court of Criminal Appeals denied them without written order on the findings of the trial court without a hearing on June 22, 2016. Ex parte Taylor, Appl. No. 74, 497-05 and -06. Petitioner filed his third and fourth applications on December 29, 2016. The Texas Court of Criminal Appeals dismissed them as successive on March 8, 2017. Ex parte Taylor, Appl. No. 74, 497-07 and -08.

         B. Petitioner's Grounds for Relief

         Petitioner raises the following grounds for relief:

1. He received ineffective assistance of counsel;
2. The state presented false and perjured testimony to the trial court;
3. The trial court used false and perjured testimony in their findings of facts, which was used to deny his state writ;
4. The trial court violated his due process rights by not sua sponte having him evaluated prior to his plea and ordering a competency hearing; and
5. The trial court violated his due process rights by denying his motion to suppress ...

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