Background

• Johnson was convicted in Louisiana for three armed robberies and one felon-in-possession offense, and sentenced to life, hard labor terms, and concurrent sentences.
• Direct appeal affirmed; state later denied state post-conviction relief on Johnson's right-to-testify claim.
• In state habeas, Johnson claimed trial counsel interfered with his right to testify; the state court conducted an evidentiary hearing and denied relief.
• Johnson filed a federal habeas petition under 28 U.S.C. § 2254 re-asserting the right-to-testify claim.
• District court dismissed the petition as unexhausted and procedurally defaulted; Johnson appealed with a COA on the exhaustion issue.
• Court holds Johnson’s federal right-to-testify claim was unexhausted and procedurally barred due to Johnson’s disclosure and posture in state proceedings.

Issues

Key Cases Cited

• Soffar v. Dretke, 368 F.3d 441 (5th Cir. 2004) (fair presentation standard for exhaustion)
• Duncan v. Henry, 513 U.S. 364 (U.S. 1995) (miscarriage of justice/harmless error distinctions in presenting federal claims)
• Bagwell v. Dretke, 372 F.3d 748 (5th Cir. 2004) (fair opportunity to apply controlling legal principles)
• Anderson v. Harless, 459 U.S. 4 (U.S. 1982) (fair presentation requires invocation of federal rights)
• Daniel v. Cockrell, 283 F.3d 697 (5th Cir. 2002) (disclaimer of federal ground results in failure to exhaust)
• Baldwin v. Reese, 541 U.S. 27 (U.S. 2004) (requirement to alert state courts to federal basis for claims)
• Taylor v. Cain, 545 F.3d 327 (5th Cir. 2008) (fair presentation can occur by arguments supporting a federal claim even if not labeled as such)
• Kittelson v. Dretke, 426 F.3d 306 (5th Cir. 2005) (federal rights, though parallel, are not co-extensive with state rights)
• Rock v. Arkansas, 483 U.S. 44 (U.S. 1987) (federal constitutional right to testify is fundamental)
• Hampton, 818 So. 2d 720 (La. 2002) (Louisiana standard for right to testify; presumption of waiver when defendant remains silent)