United States District Court, W.D. Virginia, Roanoke Division
Michael F. Urbanski, United States District Judge
Pelletier, 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 Louisa County Circuit Court.
Respondent filed a motion to dismiss Pelletier's §
2254 petition, and Pelletier responded, making the matter
ripe for disposition. After review of the record, the court
concludes that Pelletier's petition is time-barred and
partially procedurally defaulted, requiring the motion to
dismiss to be granted.
2001, a Louisa County Circuit Court jury convicted Pelletier
of four offenses: rape, capital murder during the commission
of or subsequent to rape, use of a firearm during the
commission of murder, and possession of a firearm by a
convicted felon. On November 4, 2002, the circuit court
sentenced Pelletier to life for rape, life for capital
murder, three years for illegal use of a firearm, and two
years for illegal possession of a firearm. The circuit court
also denied Pelletier's Motion to Set Aside. Pelletier
appealed,  but the Virginia Court of Appeals affirmed
his convictions and the Virginia Supreme Court refused
further review on June 4, 2004.
that, Pelletier filed a state habeas petition in the Louisa
County Circuit Court, which was dismissed in 2005. Pelletier
appealed the habeas denial, but the Virginia Supreme Court
refused his petition.
next filed a federal habeas action, which the district court
dismissed with prejudice in 2007. In 2008, the Fourth Circuit
Court of Appeals denied Pelletier's appeal and the
Supreme Court denied certiorari.
2013, Pelletier filed a "Motion to Vacate Based Upon
Fraud on the Court" in the Louisa County Circuit Court,
raising the single claim: "It is undeniable that the
trial prosecutor fabricated evidence for the court to rely
upon and the transcripts prove this. The convictions of Adam
Pelletier were founded upon, 'Fraud on the Court, '
and this conduct by the Prosecutor rendered the judgments
void." Pelletier claimed that the prosecutor lied at
trial regarding the admission of dog trail evidence. The
Louisa County Circuit Court dismissed the petition as
untimely and without merit. Pelletier's subsequent appeal
was refused by the Virginia Supreme Court, and the United
States Supreme Court denied certiorari for a second time in
2013, Pelletier filed a second federal habeas in the district
court, which the court dismissed in 2014 because the petition
was successive under 28 U.S.C. § 2244.
2015, Pelletier filed yet another state habeas petition in
the Virginia Supreme Court, which the court dismissed sua
sponte under Va. Code § 8.01-654(A)(2).
then filed a third federal habeas in 2015, raising three
ineffective assistance claims and a claim of prosecutorial
misconduct. The court dismissed the petition because, once
again, the petition was successive under 28 U.S.C. §
receiving authorization from the Fourth Circuit Court of
Appeals, Pelletier filed his present petition for a writ of
habeas corpus on June 16, 2016, his fourth federal petition.
Pelletier alleges the following:
1. Actual innocence: Pelletier was home when the victim,
Aimee Meadows was killed;
2. Actual innocence: Michael Taylor's testimony should
not have been excluded;
3. The prosecutor intentionally deceived the judge, and trial
counsel was ineffective for not objecting to the
prosecutor's false statements;
4. Pelletier's statements obtained by Sean Lamb, who wore
a wire at the request of law enforcement, were the result of
purposefully getting Pelletier drunk and overpowering his
will. Trial counsel was ineffective for failing to object to
the collection of ...