United States District Court, E.D. Virginia, Richmond Division
R. Spencer Senior U.S. District Judge
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
Pertinent Procedural History
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
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
Hawkins v. Davis, No. 3:15-CV-145, 2015 WL 3646654,
at *1 (E.D. Va. June 10, 2015).
§ 2254 Petition, Hawkins sought relief on the following
(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
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 ...