Edwards v. New Orleans Police Dep't
| Jurisdiction | United States,Federal,Louisiana |
| Parties | ANTOINE EDWARDS v. NEW ORLEANS POLICE DEPT., ET AL. CIVIL ACTION |
| Decision Date | 23 January 2024 |
| Court | U.S. District Court — Eastern District of Louisiana |
| Docket Number | 23-3353 |
SECTION “J” (1)
REPORT AND RECOMMENDATION
This matter was referred to this United States Magistrate Judge for the purpose of conducting a hearing, including an evidentiary hearing, if necessary, and submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and (C) and, as applicable Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts. Upon review of the record, the Court has determined that this matter can be disposed of without an evidentiary hearing. See 28 U.S.C. § 2254(e)(2). Therefore, for all of the following reasons IT IS RECOMMENDED that, the habeas petition be DISMISSED WITHOUT PREJUDICE.
Petitioner, Antoine Edwards, is a state prisoner incarcerated at the Louisiana State Penitentiary in Angola, Louisiana. On June 22, 2017, Edwards was charged by a bill of indictment with the second degree murders of Joshua Johnson and Ryan Johnson (counts one and two), and obstruction of justice in a second degree murder investigation (count three) all in violation of La. Rev. Stat. § 14:30.1.[1] Following a three-day trial, a unanimous jury found Edwards guilty as charged as to counts one and two.[2] On September 30, 2019, the trial court denied Edwards's posttrial motions and sentenced Edwards to life imprisonment at hard labor without the benefit of probation, parole or suspension of sentence, each sentence to run concurrent.[3] The state nolle prosequied the obstruction of justice charge.[4]
Edwards filed a writ application with the Louisiana Fourth Circuit on November 26, 2019 claiming ineffective assistance of counsel, denial of the right to speedy trial, withholding of evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), and that he is a member of the Moorish Nation, and, therefore, is not governed by the laws of the United States.[5] On December 11, 2019, the Louisiana Fourth Circuit transferred the pleading to the state district court and ordered it to file and act upon the pleading.[6] On January 31, 2020, the state district court denied Edwards's omnibus motion.[7] Edwards did not seek review of that order.
Edwards next filed two pleadings entitled “Omnibus Motion” and “Omnibus Motion and Writs” with the Louisiana Fourth Circuit claiming malicious prosecution, ineffective assistance of counsel, malfeasance, withholding of exculpatory evidence, and that he is a Moorish citizen and therefore not governed by the laws of the United States.[8] On June 4, 2020, the Louisiana Fourth Circuit found the claims to be premature, directed Edwards to file application for post-conviction relief seeking an out-of-time appeal, and denied his writ application.[9]
On September 4, 2020, Edwards filed a pro se post-conviction application seeking an out-of-time appeal, although it was not received by the state district court until November 24, 2020.[10]On November 13, 2020, he filed an amended supplemental brief with the Louisiana Fourth Circuit.[11] On November 17, 2020, the Louisiana Fourth Circuit transferred the pleading to the state district court for consideration as an application for an out-of-time appeal.[12] On March 31, 2021, the state district court granted Edwards's request for an out-of-time appeal.[13]
Edwards filed pleadings entitled “Response to Judgment,” “Omnibus Motion: Writ of Error, Writ of Mandamus, Motion to Dismiss Avernment of Jurisdiction,” and “Omnibus Motion, Motion of Exoneration and Renumeration, Declaratory Judgment, Direct Verdict, Decision of Merits, Declaration Action of Degree of Relief, Writ of Mandamus Final Decision of Judgment.”[14]The state district court denied those motions.[15]
Edwards filed a pleading with the Louisiana Fourth Circuit entitled “Merit of Claim, Direct Verdict, Respond/Answer.”[16] On April 28, 2021, the Louisiana Fourth Circuit did not consider the writ application as Edwards failed to specify specific relief.[17] On April 22, 2021, Edwards filed an untitled pleading with the Louisiana Fourth Circuit seeking to have the charges for which he was convicted dismissed.[18] On April 28, 2021, the Louisiana Fourth Circuit noted that Edwards had been granted an out-of-time appeal and that the claims in his writ applications were conducive to review on appeal, and denied writs.[19]
On May 6, 2021, Edwards filed a pleading with the Louisiana Fourth Circuit entitled “habeas corpus” seeking to be exonerated and alleging claims of malicious prosecution, ineffective assistance of counsel, suggestive identification procedure, and tainted warrants.[20] On May 26, 2021, the Louisiana Fourth Circuit found Edwards's claims were more conducive to review on direct appeal and denied writs.[21]
On October 18, 2021, Edwards's appointed counsel filed an appellate brief.[22] Edwards filed a pro se brief.[23] On February 16, 2022, the Louisiana Fourth Circuit Court of Appeal affirmed Edwards's convictions and sentences.[24] The Louisiana Supreme Court denied Edwards's counseled writ application on May 10, 2022.[25] Edwards filed a pro se writ application with the Louisiana Supreme Court which refused to consider it, finding it to be untimely on May 10, 2022.[26]The Louisiana Supreme Court denied Edwards's application for reconsideration on September 27, 2022.[27] The United States Supreme Court denied Edwards's petition for writ of certiorari on April 3, 2023.[28] Edwards filed a writ application with the Louisiana Fourth Circuit on May 4, 2022.[29] On June 13, 2022, the Louisiana Fourth Circuit denied writs, finding that “[b]ecause relator's appeal is final, he must seek relief in post-conviction proceedings pursuant to La. C.Cr.P. art. 924 et seq.”[30]
Edwards filed pleadings entitled “Omnibus-Post Conviction Relief” and “Amend Supplemental Brief.”[31] On June 1, 2022, the state district court denied relief.[32] On July 5, 2022, Edwards filed a writ application seeking review of the state district court's June 1, 2022 judgment.[33] The Louisiana Fourth Circuit denied relief on August 12, 2022.[34] On August 9, 2022, Edwards filed another writ application.[35] On August 23, 2022, the Louisiana Fourth Circuit denied Edwards's writ application, finding it successive as it related to his previous filing which was denied by the court on August 12, 2022.[36] The Louisiana Supreme Court did not consider Edwards's related writ application, finding it not timely filed pursuant to La. Sup. Ct. R. X § 5(a).[37]
On October 11, 2022, Edwards filed a writ application with the Louisiana Fourth Circuit.[38]On October 19, 2022, the Louisiana Fourth Circuit, in denying the writ application, found Edwards's claims were repetitive and, to the extent he sought relief under Ramos v. Louisiana, 140 S.Ct. 1390 (2020), he had not shown that he was convicted by a non-unanimous jury.[39] On November 22, 2022, the Louisiana Supreme Court refused to consider Edwards's writ application, finding [40]
On July 29, 2022, Edwards, who describes himself as a sovereign Moorish American National,[41] filed his first federal application seeking habeas corpus relief.[42] On March 2, 2023, the petition was dismissed without prejudice because it included both exhausted and unexhausted claims.[43] On June 19, 2023, the Fifth Circuit denied Edwards's request for a certificate of appealability.[44]
On April 26, 2023, Edwards filed a pleading with the Middle District of Louisiana entitled “Petition Complaint Attached Exhibits.”[45] On August 8, 2023, that court found that Edwards was seeking a writ of habeas corpus and transferred the case to this Court.[46] Edwards submitted a memorandum in support of his petition on August 14, 2023.[47] On August 15, 2023, the Clerk of Court sent Edwards a notice of deficient filing requiring him to submit habeas corpus petition on the approved form and to either pay the filing fee or submit a motion to proceed in forma pauperis.[48]
On August 19, 2023, Edwards submitted his habeas application on the approved form along with a rambling, largely incoherent memorandum in support thereof.[49] At that time he also submitted a motion to proceed in forma pauperis which was granted on August 31, 2023.[50] Since that time, Edwards has submitted a myriad of motions and memoranda which are handwritten in a stream-of-consciousness manner and are disjointed, repetitious, and generally unintelligible.[51]The state filed a response in which it claims that Edwards's habeas petition is untimely.[52]
The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) includes a statute of limitations for petitioners seeking federal habeas corpus relief pursuant to 28 U.S.C. § 2254. Specifically, the AEDPA provides:
To continue reading
Request your trial