Faggard v. Louisiana

• Decision Date: 04 January 2018
• Docket Number: CIVIL ACTION NO. 17-3863 SECTION: "J" (5)
• Parties: JEFFERSON FAGGARD v. STATE OF LOUISIANA
• Court: U.S. District Court — Eastern District of Louisiana

JEFFERSON FAGGARD
v.
STATE OF LOUISIANA

CIVIL ACTION NO. 17-3863 SECTION: "J" (5)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

January 4, 2018

REPORT AND RECOMMENDATION

This matter was referred to the undersigned United States Magistrate Judge to conduct a hearing, including an evidentiary hearing, if necessary, and to submit proposed findings 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 entire record, the Court has determined that this matter can be disposed of without an evidentiary hearing. See 28 U.S.C. § 2254(e)(2). For the following reasons, IT IS RECOMMENDED that the petition for habeas corpus relief be DISMISSED WITH PREJUDICE.

Procedural History

Petitioner, Jefferson Faggard,¹ is a convicted inmate currently incarcerated at the River Bend Detention Center in Lake Providence, Louisiana. He was charged with two

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counts of creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance in violation of Louisiana Revised Statute 40:983, occurring on or about October 9, 2013 (count one) and on November 8, 2012 (count two), and one count of possession of methamphetamine in violation of Louisiana Revised Statute 40:967(C), occurring on February 6, 2014 (count three).² Trial began on March 3, 2015. After the State rested its case on March 5, 2015, Faggard withdrew his not-guilty pleas and pleaded guilty to all counts.³ Following a plea colloquy, the trial court sentenced him to 15 years imprisonment at hard labor on counts one and two and five years imprisonment on count three, with all three sentences to run concurrently. That same day, the State filed a multiple-offender bill of information charging him as a third-felony offender. Faggard pleaded guilty to the multiple bill. The trial court vacated his sentence on count two and sentenced him as a third-felony offender to 15 years imprisonment at hard labor to run concurrently with all other sentences.⁴ He filed a pro se motion for appeal that incorporated a request to withdraw his guilty plea. The trial court granted his motion for appeal, but denied the request to withdraw his guilty plea.⁵

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On direct appeal, appointed counsel filed an Anders⁶ brief citing no non-frivolous issues for review and sought to withdraw as counsel of record. Upon independent review of the record, the Louisiana Fifth Circuit Court of Appeal determined there were no non-frivolous issues for direct review and granted the motion to withdraw. In affirming the convictions and sentences, the court of appeal also considered and rejected Faggard's seven pro se assignments of error raised by supplemental appellant brief.⁷ His motion for rehearing was denied. On February 10, 2017, the Louisiana Supreme Court denied his application for a writ of certiorari.⁸

Several months later, Faggard filed his federal application for habeas corpus relief.⁹ In that application, he raises four grounds for relief: (1) his conviction is based on a defective and invalid bill of information that failed to state the essential elements for the charges of creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance; (2) the court of appeal erroneously found there were no non-frivolous issues for review on direct appeal and allowed counsel to withdraw; (3) his guilty plea was constitutionally infirm because it was not knowing, intelligent or voluntary;

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and (4) trial counsel's performance was constitutionally deficient. The State concedes that the federal application is timely and argues the claims should be denied on the merits.¹⁰

Facts

On direct appeal, the Louisiana Fifth Circuit Court of Appeal summarized the facts adduced at trial as follows:

Although defendant pled guilty to two counts of creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance and one count of possession of methamphetamine, he did not enter his guilty pleas until after the State rested its case at trial. During the guilty plea colloquy, the State provided that it "would rely on the Record of the trial up to this point with the sworn testimony of all its witnesses as a factual basis for this plea."

At trial, Detective Shawn Vinson testified that in November of 2012, he became involved in an investigation of a possible "meth lab" at 2321 Justin Lane in Harvey, Louisiana. On November 8, 2012, Detective Vinson and other officers went to the residence and ran a name check on the legal occupant of the residence, Christina Wallace. Detective Vinson learned that Ms. Wallace had a traffic attachment. When Ms. Wallace arrived at the residence, she was arrested on the traffic attachment. In the doorway of the house, Detective Vinson made contact with other occupants of the residence, including defendant and his father, Jefferson Faggard, Sr. Detective Vinson testified that from the doorway, in plain view, the officers could see components of what they believed was a "meth lab." He further testified that there was a "chemical smell."

Ms. Wallace signed a consent to search form, and the officers entered the residence. Detective Vinson testified that the officers recovered "precursors or ingredients to use in methamphetamine or making methamphetamine" including brake fluid, tinfoil, camping fuel, cold packs, clear plastic bags with "crystalized white substances" and "white powder residue," and a blender containing a "white powdery substance." He also testified that officers recovered a spoon with cotton in it and an "off-white dry liquid substance," and some used syringes. Detective Vinson further testified that officers discovered a clear mason jar with tubes extending from it, which he stated was

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commonly called a "one-pot system" used in the creation of methamphetamine.

Christina Wallace testified that in November of 2012, she lived at 2321 Justin Lane. She testified that she pled guilty to creation or operation of a clandestine laboratory in order to "get out of jail," but she did not commit the crime. Ms. Wallace stated that she was dating defendant in November of 2012 and that they used controlled dangerous substances together, but neither of them engaged in the creation or operation of a methamphetamine lab. Although she allowed defendant, his father, Jefferson Faggard, Sr., and his mother, Janet Hamblen, to occasionally sleep at her residence, Ms. Wallace did not see anyone engage in the production of methamphetamine.

Pamela Cyprian, a forensic scientist, was accepted as an expert in the examination and analysis of controlled dangerous substances. Ms. Cyprian testified that she analyzed evidence recovered from Ms. Wallace's residence and it contained a substance that she conclusively identified as methamphetamine.

Deputy Matthew Thomas testified that on October 9, 2013, between 3:00 and 3:30 a.m., he was on patrol when he saw a suspicious man, later identified as defendant, riding a bicycle with several bags attached to it, including a golf bag with several golf clubs. Deputy Thomas asked defendant to stop and talk to him, and defendant complied. Defendant indicated that his name was Joshua Faggard and that his birthdate was February 23, 1978. According to Deputy Thomas, the last name, Faggard, reminded him that officers were looking for Jefferson Faggard. He stated that he asked defendant if he knew Jefferson Faggard, and defendant replied that he was his brother. After communicating on the "N.C.I.C. channel," everything came back clear for the name Joshua Faggard, so Deputy Thomas allowed defendant to leave. However, when he returned to his vehicle and ran the name Jefferson Faggard with the birthdate provided by defendant, the computer showed a photograph of defendant.

Deputy Thomas testified that he located defendant again and asked him to stop, but defendant fled, discarding his bicycle and bags in the process. A backpack connected to the bicycle began to emit smoke and a green substance began to "ooze" out. Deputy Thomas testified that the fire department pulled items out of the backpack, including commercial lye, drain cleaner, a Gatorade bottle with an unknown substance, a pack of lithium batteries, and a soda bottle containing a green fluid and with a "hose attached to the bottle."

Deputy Dwain Rullman testified that on February 6, 2014, at approximately

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9:30 p.m. or 10:00 p.m., he responded to a 9-1-1 call regarding two suspicious individuals on Carol Sue Avenue. Deputy Rullman saw a suspicious person, later identified as defendant, riding a bicycle. He stated that defendant was wearing gloves, had a backpack, and was hurrying towards the exit gate of an apartment complex. Deputy Rullman testified that he stopped defendant, who advised him that his name was Joshua Badeaux and provided his birthdate as August 23, 1978. According to Deputy Rullman, when he ran the information provided by defendant, nothing came up in the system. He attempted to detain defendant because he believed that defendant gave him a false name, but defendant pushed him and fled to an apartment.

According to Deputy Rullman, he caught up with defendant as he pounded on the apartment door. Defendant continued to resist, so two other officers responded and assisted him in apprehending defendant. Deputy Rullman conducted a search of defendant's person and found identification showing that he was Jefferson Faggard and also some narcotics. On defendant's person, he also found plastic bags containing a white-residue, later determined to be methamphetamine, a pill canister containing a white residue, and a syringe. Deputy Rullman arrested defendant for possession of methamphetamine. At the time of his arrest, defendant had an attachment for his arrest for creation of a clandestine laboratory for the unlawful

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