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Keenan v. Robinson

United States District Court, W.D. Virginia, Roanoke Division

April 3, 2017

CHRISTOPHER LEE KEENAN, Petitioner,
v.
DAVID ROBINSON, CHIEF OF CORRECTIONS, Respondent.

          MEMORANDUM OPINION

          Elizabeth K. Dillon, United States District Judge

         Christopher L. Keenan, a Virginia inmate proceeding pro se, filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the validity of his confinement on a judgment by the Pittsylvania County Circuit Court. Respondent filed a motion to dismiss Keenan's § 2254 petition, and Keenan failed to respond, making the matter ripe for disposition. After review of the record, the court grants the motion to dismiss.

         I. BACKGROUND

         After a bench trial, the Pittsylvania County Circuit Court sentenced Keenan to a fifteen-year sentence, with eleven years and ten months suspended, for three counts of grand larceny. Keenan's direct appeals were unsuccessful, and he filed a timely petition for a writ of habeas corpus in the Pittsylvania County Circuit Court. The circuit court denied his petition on December 16, 2015, and Keenan did not appeal the circuit court's decision to the Supreme Court of Virginia. On March 14, 2016, he filed a petition for a writ of habeas corpus in federal court, raising substantially the same thirteen claims as in his circuit court habeas petition.

         Keenan's claims are as follows:

         1. Errors of documents pertaining to sentencing guidelines;

         2. Ineffective assistance of counsel following trial;

         3. Ineffective assistance of counsel due to her lack of knowledge of the case;

         4. Ineffective assistance of counsel during preparation of the trial and appeal;

         5. Ineffective assistance of counsel due to her performance before and during the trial for failing to have a defense ready and for failing to advise Keenan of his “rights, ” and “options”;

         6. Ineffective assistance of counsel for failing to subpoena an important witness;

         7. Deficient performance during trial because counsel did not have necessary documents and exhibits;

         8. Ineffective assistance of counsel during trial for failing to object to photos and other ...


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