Dickerson v. Guste, No. 90-3852
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before KING, GARWOOD, and DUHE; DUHE |
| Citation | 932 F.2d 1142 |
| Parties | Johnny DICKERSON, Plaintiff-Appellant, v. William J. GUSTE, Jr., Louisiana State Attorney General, et al., Defendants-Appellees. Summary Calendar. |
| Docket Number | No. 90-3852 |
| Decision Date | 11 June 1991 |
Page 1142
v.
William J. GUSTE, Jr., Louisiana State Attorney General, et
al., Defendants-Appellees.
Summary Calendar.
Fifth Circuit.
Page 1143
Johnny Dickerson, pro se.
Clara E. Toombs, Duncan S. Kemp, III, Amite, La., for defendants-appellees.
Appeal from the United States District Court for the Eastern District of Louisiana.
Before KING, GARWOOD, and DUHE, Circuit Judges.
DUHE, Circuit Judge.
Johnny Dickerson, a prisoner convicted of several felonies in Louisiana state court, sought habeas corpus relief in federal court. He alleged that the state denied his right to a speedy trial and that the state trial court erred in denying his motion for new trial and his pretrial motion for an investigator. The federal district court denied relief. We affirm.
This case reflects the remarkable saga of Dickerson's labyrinthian journey through a wide assortment of state and federal courts and prisons. The murder, kidnapping, and armed robbery that form the basis for the state prosecution of which Dickerson now complains occurred in April 1981 in Tangipahoe Parish, Louisiana. 1 In February 1983, a Louisiana state court judge signed two arrest warrants charging Dickerson with these crimes. Dickerson, however, could not be arrested because he was serving time in a federal prison.
Sheriff's officials in Louisiana lodged a detainer against Dickerson, and officials of the federal prison accepted and placed the detainer. The detainer was in place within two weeks after the issuance of the state arrest warrants. Dickerson filed repeated motions for speedy trial in state courts. All of these requests were denied. He next sought habeas corpus relief in federal district court, but the court denied the request. Dickerson then appealed the denial of his habeas corpus petition to this Court.
In September 1986, while the appeal to this Court was pending, Dickerson finished serving his federal sentence. The Louisiana detainer was activated, and Louisiana officials arrested him. In November 1986 a Louisiana grand jury indicted Dickerson for first-degree murder, aggravated kidnapping, and armed robbery. See Dickerson v. Louisiana, 816 F.2d 220, 221-24 (5th Cir.), cert. denied, 484 U.S. 956, 108 S.Ct. 352, 98 L.Ed.2d 378 (1987).
This Court viewed the habeas petition as one brought under 28 U.S.C. Sec. 2241, which applies to a person in custody regardless of whether final judgment has been rendered and regardless of the status of the case that is pending. 2 See Dickerson, 816 F.2d at 224-25. On the merits, this Court held that Dickerson had not exhausted state remedies because he had not filed a motion for speedy trial in state court since the date of his indictment. Id. at 228-29.
Dickerson next filed a motion in state court to quash the indictment, alleging a violation of his right to a speedy trial. After a pretrial hearing, the state court denied the motion. A jury found Dickerson guilty of second-degree murder, aggravated kidnapping, and armed robbery. He received two life sentences and one sentence of fifty years. All three sentences, which are consecutive, are to be served at hard labor without benefit of parole, probation, or suspension of sentence.
Dickerson appealed to a Louisiana appellate court, again raising the claim of denial of his right to a speedy trial. The state appellate court affirmed his convictions and sentences, and the Louisiana Supreme Court denied his application for writ of review. See State v. Dickerson, 529 So.2d 434 (La.Ct.App.), cert. denied, 533 So.2d 353 (La.1988).
In federal district court, Dickerson filed another application for habeas corpus relief. He asserted that the state had violated
Page 1144
his sixth amendment right to a speedy trial and his due process rights. In addition, he alleged that the state trial court had erred in denying his motion for new trial and in denying his pretrial motion for an investigator. After reviewing the merits of these claims, the district court denied relief.Right to a Speedy Trial
Dickerson contends that the three and one-half years he spent in federal prison under a state detainer order should be considered as time spent in the custody of the state. This extreme delay, he argues, clearly violated his right to a speedy trial. He also asserts that state officials failed to make a good faith effort to extradite him from federal custody.
The United States Supreme Court has provided us clear guidance on the significance of a lengthy preindictment delay. See United States v. Lovasco, 431 U.S. 783, 97 S.Ct. 2044, 52 L.Ed.2d 752 (1977); United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971). Concerns over the speedy trial clause of the sixth amendment arise only after the defendant has been formally indicted or actually restrained accompanying arrest. Marion, 404 U.S. at 320, 92 S.Ct. at 463. Although Dickerson was aware of the state detainer against him stemming from the...
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US v. Seale, No. 07-60732.
...mere passage of time is insufficient to support a due process claim, even if the time lapse prejudiced the defense. Dickerson v. Guste, 932 F.2d 1142, 1144 (5th Cir.1991). To show an unconstitutional pre-indictment delay, a party must establish two elements: 1) the Government intended to de......
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Rupert v. Johnson, Civil Action No. SA-98-CA-31-OG.
...Blackburn, 785 F.2d 1283, 1293 (5th Cir. 1986), cert. denied, 479 U.S. 930, 107 S.Ct. 399, 93 L.Ed.2d 352 (1986). 38. Dickerson v. Guste, 932 F.2d 1142, 1145 (5th Cir.1991), cert. denied, 502 U.S. 875, 112 S.Ct. 214, 116 L.Ed.2d 172 (1991). "[F]ederal courts do not sit as courts of appeal a......
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U.S. v. Crouch, No. 93-7719
...--- U.S. ----, 115 S.Ct. 330, 130 L.Ed.2d 288 (1994); United States v. Hooten, 933 F.2d 293, 296 (5th Cir.1991); Dickerson v. Guste, 932 F.2d 1142, 1144 (5th Cir.), cert. denied, 502 U.S. 875, 112 S.Ct. 214, 116 L.Ed.2d 172 (1991); United States v. Delario, 912 F.2d 766, 769 (5th Cir.1990);......
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Scott v. Banks, Civil Action 2:18CV156 TBM-LGI
...or actually restrained in connection with that crime.'” Cowart v. Hargett, 16 F.3d 642, 646 (5th Cir. 1994) (quoting Dickerson v. Guste, 932 F.2d 1142, 1144 (5th Cir. 1991) (5th Cir. (1991)). Once the constitutional right to a speedy trial accrues, a determination of whether the right has b......
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US v. Seale, 07-60732.
...mere passage of time is insufficient to support a due process claim, even if the time lapse prejudiced the defense. Dickerson v. Guste, 932 F.2d 1142, 1144 (5th Cir.1991). To show an unconstitutional pre-indictment delay, a party must establish two elements: 1) the Government intended to de......
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Scott v. Banks, Civil Action 2:18CV156 TBM-LGI
...or actually restrained in connection with that crime.'” Cowart v. Hargett, 16 F.3d 642, 646 (5th Cir. 1994) (quoting Dickerson v. Guste, 932 F.2d 1142, 1144 (5th Cir. 1991) (5th Cir. (1991)). Once the constitutional right to a speedy trial accrues, a determination of whether the right has b......
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Keil v. McCain, CIVIL ACTION NO. 18-9410 SECTION "I"(4)
...Estelle, 502 U.S. at 67) (internal quotations omitted). This court does not sit as a "super" state supreme court. See Dickerson v. Guste, 932 F.2d 1142, 1145 (5th Cir.Page 35 1991) (citing Martin v. Wainwright, 428 F.2d 356, 357 (5th Cir.), cert. denied, 400 U.S. 918 (1970)). This court wil......
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Preston v. Vannoy, CIVIL ACTION NO. 20-255 SECTION: "T"(1)
...of a motion for a new trial does not necessarily constitute a violation of a federal constitutional right) (citing Dickerson v. Guste, 932 F.2d 1142, 1145 (5th Cir. 1991) ). Thus, even the misapplication of state law in denying the motion for mistrial would not entitle petitioner to relief.......