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West v. Clarke

United States District Court, Fourth Circuit

December 17, 2013

CAVELL DEVON WEST, Petitioner,
v.
HAROLD CLARKE, Respondent.

MEMORANDUM OPINION

ROBERT E. PAYNE, Senior District Judge.

Cavell Devon West, a Virginia state prisoner proceeding with counsel, brings this petition pursuant to 28 U.S.C. 2254 ("§ 2254 Petition, " ECF No. 7). Respondent moves to dismiss, inter alia, on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. West has not responded. The matter is ripe for disposition.

I. PROCEDURAL HISTORY

A. State Proceedings

The Circuit Court of the County of Chesterfield ("Circuit Court") convicted West of first degree murder, armed burglary, and two counts of use of a firearm in commission of those crimes, and sentenced West to an active term of thirty-eight (38) years in prison. Commonwealth v. West, No. CR06F00662-02 through CR06F00662-05, at 1-3 (Va. Cir. Ct. Dec. 29, 2006). On November 4, 2008, the Supreme Court of Virginia refused West's petition for appeal. West v. Commonwealth, No. 081157, at 1 (Va. Nov. 4, 2008).

On October 27, 2009, [1] West filed a petition for a writ of habeas corpus in the Circuit Court. Petition for Writ of Habeas Corpus at 5, West v. Johnson, No. CL09HC-3240 (Va. Cir. Ct. filed Oct. 27, 2009).[2] On February 15, 2011, the Circuit Court denied the petition. West v. Johnson, No. CL09-2591, at 1 (Va. Cir. Ct. Feb. 15, 2011).

West appealed to the Supreme Court of Virginia. On August 3, 2011, the Supreme Court of Virginia refused the petition for appeal. West v. Johnson, No. 110946, at 1 (Va. Aug. 3, 2011).

B. Federal Habeas Petition

On July 25, 2012, West, by counsel, filed his 2254 Petition in this Court. (§ 2254 Pet. 15, ECF No. 1.)[3] In his 2254 Petition, [4] West contends:

Claim One: "Habeas relief is proper where the Commonwealth obtained a conviction by using a coerced and involuntary confession in violation of the Fifth[5] and Fourteenth[6] Amendments." (§ 2254 Pet. 8.)
Claim Two: "The prosecution failed to disclose evidence favorable to West until after he exhausted his direct appeals in violation of Brady v. Maryland [373 U.S. 83 (1963) ]." ( Id. at 12.)
Claim Three: "West was denied the right to effective assistance of counsel." ( Id. at 14.)

II. ANALYSIS

A. Statute Of ...


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