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Peterson v. Davis

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

December 7, 2017

RONALD DEAN PETERSON, Petitioner,
v.
LORIE DAVIS, Director, [1]Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          OPINION AND ORDER

          REED O'CONNOR, UNITED STATES DISTRICT JUDGE.

         Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by petitioner, Ronald Dean Peterson, a state prisoner confined in the Correctional Institutions Division of the Texas Department of Criminal Justice (TDCJ), against Lorie Davis, Director of TDCJ, Respondent.[2] After considering the pleadings and relief sought by Petitioner, the Court has concluded that the petition should be denied.

         I. BACKGROUND

         In 2011Petitioner was indicted in Tarrant County, Texas, Case No. 1259837D, on one count of evading arrest or detention with a deadly weapon, a motor vehicle. Adm. R., Clerk's R. 5, ECF No. 15-5. On April 9, 2013, Petitioner entered an open plea of guilty to the offense and a plea of true to the deadly-weapon notice to a jury, and the jury assessed his punishment at ten years' confinement. Id. at 56. Petitioner appealed, but the appellate court affirmed the trial court's judgment and the Texas Court of Criminal Appeals refused Petitioner's petition for discretionary review. Id., Docket Sheet 1-2, ECF No. 15-3. Petitioner also sought postconviction state habeas relief by filing five state habeas-corpus applications challenging his conviction. The first was denied by the Texas Court of Appeals without written order; the second was denied without written order on the findings of the trial court; and the last three were dismissed as subsequent petitions under article 11.07, § 4 of the Texas Code of Criminal Procedure. Id., SH03, SH05, SH07, SH09 & SH11, ECF Nos. 15-21, 15-23, 15-25, 15-27 & 15-29.

         II. ISSUES

         Petitioner raises three grounds for habeas relief:

1. His plea was involuntary because he was misinformed by the trial judge of the parole-eligibility consequences of a deadly-weapon finding.
2. His trial counsel was ineffective by-
(a) failing to understand and convey the parole-eligibility consequences of a deadly-weapon finding;
(b) failing to “provide the simple motions and reasonable degree of competence in pre-trail [sic] procedures”; and
(c) failing to “properly and adequately develop any sentencing trial strategy.”
3. He was denied due process because his trial counsel was given less than 24 hours to prepare for the punishment phase of his trial.

Pet. 6-7, ECF No. 3; Pet'r's Mem. 3, ECF No. 4.[3]

         III. ...


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