Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hawkins v. Davis

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

June 9, 2016

JAMES WILLIE HAWKINS, JR., Petitioner,
v.
KEITH W. DAVIS, Respondent.

          MEMORANDUM OPINION

          James R. Spencer Senior U.S. District Judge

         James Willie Hawkins, Jr. ("Petitioner"), a Virginia state prisoner originally proceeding with counsel, brought this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition"). In his § 2254 Petition, Petitioner challenged his convictions in the Circuit Court of the City of Virginia Beach for abduction; conspiracy to commit abduction; malicious wounding; conspiracy to commit malicious wounding; and use of a firearm in the commission of a felony. By Memorandum Opinion and Order entered on June 10, 2015, the Court dismissed the § 2254 Petition. See Hawkins v. Davis, No. 3:15-CV-145, 2015 WL 3646654, at * 10 (E.D. Va. June 10, 2015). The matter is before the Court on Petitioner's pro se Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b)(6) ("Rule 60(b)(6) Motion, " ECF No. 21.) For the reasons set forth below, the Rule 60(b)(6) Motion will be DENIED.

         I. Pertinent Procedural History

         The facts underlying Petitioner's convictions are as follows:

On June 12, 2012, Latoya Hawkins ("Ms. Hawkins") and her boyfriend, Zack Bradford ("Bradford") were at Ms. Hawkins' home in Virginia Beach. Ms. Hawkins was married to the Petitioner during the relevant time period, but the couple was separated. Ms. Hawkins had a protective order against Petitioner.
Beginning around 5:00 p.m. on June 12, Petitioner repeatedly called Ms. Hawkins and left threatening messages. That same afternoon, Jimmy Bufkin ("Bufkin"), an acquaintance of Petitioner, paid a visit to Ms. Hawkins' home.
Using racial slurs and abusive language, Bufkin told Ms. Hawkins that Petitioner was on his way to the home and she should ensure Bradford was not present when Petitioner arrived.
Around 6:00 p.m., Bradford stepped out onto Ms. Hawkins' front porch to take a telephone call. At approximately the same time, Petitioner arrived, carrying a gun. Petitioner approached Bradford and said, "Come here, " while pointing the gun at him. He then forced Bradford at gunpoint to walk through the neighborhood towards a green pickup truck Petitioner had borrowed from a friend. An individual wearing a ski mask was in the truck's driver seat. When Petitioner told Bradford to get in the truck, Bradford refused and attempted to escape. As Bradford tried to get away, Petitioner shot him multiple times. Bradford survived the shooting.

Hawkins v. Davis, No. 3:15-CV-145, 2015 WL 3646654, at *1 (E.D. Va. June 10, 2015).

         In his § 2254 Petition, Hawkins sought relief on the following grounds:

(1) The petitioner received ineffective assistance of trial counsel in violation of the Sixth Amendment to the United States Constitution when:
A. Counsel failed to properly conduct adequate pre-trial and trial investigation, ultimately leading counsel to fail to properly preserve several essential evidentiary issues for review.
B. Counsel was ineffective for failing to terminate his representation of the Petitioner as counsel was running for a political office which not only distracted counsel from giving the Petitioner's case the attention required, but created a conflict of interest with counsel's position as the Petitioner's defense attorney.
(2) The Petitioner was unconstitutionally denied due process under the Fifth and Fourteenth Amendments of the United States Constitution when he was convicted based upon evidence insufficient to support ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.