Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brown v. Davis

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

March 26, 2018

JAMES A. BROWN
v.
LORIE DAVIS

          TO: 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 been granted leave to proceed in forma pauperis. 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

         The Director has custody of Petitioner pursuant to a judgment and sentence of the 331st Judicial District Court of Travis County, Texas. In Cause No. D-1-DC-14-300630, Petitioner was charged by indictment with three counts of obstruction or retaliation, with four prior felony convictions alleged for sentence enhancement purposes. Petitioner pleaded not guilty to all three counts and waived his right to a trial by jury. Following a bench trial, the trial court found Petitioner guilty of all three counts and found the enhancement paragraph true. On October 23, 2013, the trial court sentenced Petitioner to 15 years' imprisonment on each count to run concurrently.

         On May 12, 2015, the Third Court of Appeals of Texas affirmed Petitioner's convictions. Brown v. State, No. 03-13-00760-CR, 2015 WL 2399816 (Tex. App. - Austin 2015, pet. ref'd). On September 16, 2015, the Texas Court of Criminal Appeals refused Petitioner's petition for discretionary review. Brown v. State, PD-0729-15. Petitioner has not filed an application for state writ of habeas corpus challenging his convictions. Rather, Petitioner filed a federal application for habeas corpus relief, which was dismissed without prejudice for failure to exhaust his state court remedies. Brown v. Davis, No. A-15-CV-951-SS (W.D. Tex. Feb. 8, 2016) (DE #19-20). The Fifth Circuit Court of Appeals denied Petitioner a certificate of appealability. Brown v. Davis, No. 16-50481 (5th Cir. Jan. 23, 2018) (DE# 44).

         B. Petitioner's Grounds for Relief

         Petitioner raises the following grounds for relief:

         1. His indictment was insufficient and invalid;

         2. He received ineffective assistance of trial counsel; and

         3. The state trial judge was not fair and impartial.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.