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Ward v. Clarke

United States District Court, E.D. Virginia, Richmond Division

November 6, 2014

SHAWN S. WARD, Petitioner,
v.
HAROLD W. CLARKE, Respondent.

MEMORANDUM OPINION (DENYING 28 U.S.C. § 2254 PETITION)

HENRY E. HUDSON, District Judge.

Shawn S. Ward ("Ward"), a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") (ECF No. 4) challenging his convictions in the Circuit Court for the City of Chesapeake ("Circuit Court"). Respondent moves to dismiss on the grounds that the one-year statute of limitations governing federal habeas petitions bars Ward's § 2254 Petition. Respondent provided Ward with the appropriate Roseboro notice[1] (ECF No. 11). Ward has responded. For the reasons set forth below, the Motion to Dismiss will be granted.

I. PROCEDURAL HISTORY

A. Original Convictions and Direct Appeal

On August 3, 2009, the Circuit Court entered final judgment against Ward for two counts of malicious wounding, use of a firearm in the commission of malicious wounding, statutory burglary of a dwelling while armed, use of a firearm in the commission of burglary, second degree murder, use of a firearm in the commission of murder, wearing a mask in public, attempted murder, and use of a firearm in the commission of attempted murder/malicious wounding. Commonwealth v. Ward, Nos. CR08-1496 through CR08-1499 and CR08-1555 through CR08-1560, at 1, 3 (Va. Cir. Ct. Aug. 3, 2009). Ward appealed, but the Supreme Court of Virginia denied Ward's petition on December 20, 2010. Ward v. Commonwealth, No. 101460, at 1-2 (Va. Dec. 20, 2010).

B. State Habeas

On November 30, 2011, Ward filed a petition for a writ of habeas corpus with the Supreme Court of Virginia. See Ward v. Warden of the Wallens Ridge State Prison, No. 112132, at 1 (Va. May 23, 2012). The Supreme Court of Virginia dismissed the petition on May 23, 2012. Id. at 2.

C. § 2254 Petition

Ward filed his original § 2254 Petition with this Court (ECF No. 1) on December 17, 2013.[2] His Amended § 2254 Petition brings the following claims for relief:

Claim One Counsel failed to make a timely objection to prosecution's use of peremptory strikes to remove three African American venire persons.
Claim Two The Circuit Court improperly refused to provide the jury with Ward's jury instruction regarding witness misidentification.
Claim Three The Circuit Court improperly limited the cross-examination of Erica Arnold.

II. STATUTE OF LIMITATIONS

Section 101 of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") amended 28 U.S.C. § 2244 to establish a one-year limitations period for the filing of a petition for a writ of habeas corpus by a person in custody pursuant to the ...


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