POUPART v. HOOPER (2018)

United States Court of Appeals, Fifth Circuit.

Paul POUPART, Petitioner−Appellant, v. Timothy HOOPER, Warden; Elayn Hunt Correctional Center, Respondent−Appellee.

No. 17-30411

Decided: October 15, 2018

Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.

Justin Caine Harrell, Esq., H2 Law, L.L.C., New Orleans, LA, for Petitioner - Appellant Juliet Lee Clark, Esq., Assistant District Attorney, District Attorney's Office for the 24th JDC - Parish of Jefferson, Gretna, LA, for Respondent - Appellee

Paul Poupart appeals the dismissal of his habeas corpus petition brought under 28 U.S.C. § 2254. He seeks post-conviction relief from a state conviction for public intimidation.

Poupart claims he was interrogated in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), asserting that interrogation persisted after he had invoked his right to counsel and had declined to answer questions. The federal district court denied habeas relief, finding that the decisions of the state courts were not unreasonable under the Antiterrorism and Effective Death Penalty Act of 1996 and that any error was harmless.

AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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