United States District Court, E.D. Virginia, Alexandria Division
O'Grady United States District Judge.
Randall Dillon, a Virginia inmate proceeding pro se, has
filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254, challenging the constitutionality of
convictions entered in the Circuit Court of Hanover County.
Before this Court is the respondent's Motion to Dismiss
March 21, 2014, petitioner was convicted following a jury
trial of one count each of abduction by force and assault.
Case No. CR1300019-00 and -01. The facts underlying the
charges were explained by the Court of Appeals of Virginia as
On December 15, 2012, [Dawn] Pitts went to Henrico County to
pick up appellant from Stuart Chisholm's home. Appellant
had called Pitts and told her he was drunk and could not
drive his moped. He asked Pitts to drive him back to his
motel room at the Apple Garden Inn in Hanover County. When
Pitts arrived at Chisholm's home around 9:30 or 9:35
p.m., appellant appeared intoxicated and was consuming more
alcohol. He did not agree to leave with Pitts until after
midnight. At about 3:15 a.m., Pitts picked up appellant from
another location and began driving to the Apple Garden Inn.
During this drive, appellant became verbally and physically
abusive. Appellant struck Pitts in the face and head with his
When they reached the motel, appellant argued with Pitts
further and would not get out of the car. Appellant tried to
convince Pitts to take him to the hospital or to Pitts'
home, but she refused. Appellant took Pitts' car keys,
got out of the car, and went into his motel room. Pitts went
to the room to retrieve her keys. Appellant had her come
inside to talk. Appellant began groping Pitts and trying to
engage her in sexual intercourse. When she refused, appellant
told her she was not going anywhere but would spend the night
with him. He then demanded she take him to the hospital or
her home. When she refused, he did not allow her to leave.
Over the course of about three hours, Pitts repeatedly tried
to leave the room, but appellant would not let her go or give
her the keys. During this time, appellant threw her onto the
bed, hit her, and kicked her in the stomach. At one time, he
got on top of Pitts and choked her. Another time, appellant
grabbed a knife, held it to Pitts' face, and threatened
to 'gut' her and himself. Finally, Pitts said she
would take appellant to stay at her house. While appellant
was gathering some clothes, Pitts fled from the room.
Dillon v. Commonwealth. R. No. 0771-14-2 (Va. Ct.
App. Feb. 5, 2015), slip op. at 4-5. Dillon was sentenced to
serve 10 years in prison with 7 years suspended for the
abduction by force, and 12 months with 6 months suspended for
addition, petitioner earlier had been convicted in Henrico
County of two counts of carnally knowing a child of thirteen
years of age and one count of contributing to the delinquency
of a minor. Case Nos. CR10001361-00 and -01, CR10001362-00.
He was sentenced to an aggregate of 21 years incarceration,
with 17 years and 14 months suspended. On March 21, 2014, the
court revoked the entire period of suspended time based upon
the abduction and assault convictions, and re-suspended 16
years and 8 months of the sentence.
took a direct appeal of all of the foregoing convictions,
raising the following claims:
1. The trial court abused its discretion by ignoring the
Brickhouse factors and permitting Pitts to testify
again, thereby denying his constitutional right to a fair
2. Brady v. Maryland requires reversal because the
police report and Pitts' written statement to the police
contained exculpatory evidence and had impeachment value but
were not provided to the defense.
3. The trial court erred by overruling his objection to
amendment of the indictment because it was a fatal variance.
4. The evidence to sustain the abduction conviction was
insufficient as a matter of law.
5. The victim impact statement violated the Virginia Code and
his constitutional rights to due process and a fair trial.
6. Because he was wrongfully convicted of abduction and
assault, the probation violation convictions cannot stand.
of the Court of Appeals denied Dillon's petition for
appeal on February 5, 2015, and a three-judge panel refused
further review on April 23, 2015. Resp. Ex. 1. Petitioner
sought review by the Supreme Court of Virginia, but his
petition was refused on December 23, 2015. Dillon v.
Commonwealth. R. No. 150661 (Va. Dec. 23, 2015); Resp.
April 4, 2016, Dillon turned to the federal forum and timely
filed this application for a writ of habeas corpus pursuant
to §2254,  essentially reiterating the claims that
were raised direct appeal, as follow:
1. The trial court abused its discretion in permitting Dawn
Pitts to testify at petitioner's second trial, in
violation of his constitutional rights to due process and a
2. The prosecutor withheld exculpatory evidence in the form
of written statements by Dawn Pitts, in violation of