United States District Court, W.D. Texas, Austin Division
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE
LANE UNITED STATES MAGISTRATE JUDGE
HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE
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.
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 filing fee for this case. For
the reasons set forth below, the undersigned finds that
Petitioner's application for writ of habeas corpus should
STATEMENT OF THE CASE
Petitioner's Criminal History
to Petitioner, the Director has custody of him pursuant to a
judgment and sentence of the 167th Judicial District Court of
Travis County, Texas. Petitioner was convicted of murder and
was sentenced to 40 years in prison on January 31, 2007.
Petitioner did not pursue a direct appeal or file a state
application for habeas corpus relief.
Petitioner's Grounds for Relief
raises the following grounds for relief:
guilty plea was invalid;
prosecution withheld favorable evidence, failed to preserve
important evidence, and admitted hearsay statements against
lineup was impermissibly suggestive;
confession was obtained involuntarily; 5. He received
ineffective assistance of counsel; and 6. His due process
rights were violated.