United States District Court, W.D. Virginia, Roanoke Division
Glen E. Conrad Chief United States District Judge
Henry Lee, 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
2012 judgment by the Pittsylvania County Circuit Court.
Respondent filed a motion to dismiss Lee's § 2254
petition, and this matter is ripe for
disposition. Upon review of the record, the court
grants respondent's motion to dismiss the petition as
untimely and procedurally defaulted.
Factual and Procedural Background
4, 2012, the Pittsylvania County Circuit Court entered
judgment convicting Lee of three counts of felony driving
after being declared a habitual offender, second offense,
driving under the influence, third offense in five years, and
refusal to submit to testing for blood alcohol, second
offense. On May 30, 2012, Lee was sentenced to fourteen years
and six months of imprisonment with nine years suspended.
(Case Nos. CR12000037, CR12000113, CR12000114, CR12000115,
appeal, Lee challenged his convictions on the sufficiency of
the evidence to the Court of Appeals of Virginia. The
appellate court denied the appeal on December 6, 2012,
(Order, Lee v. Commonwealth of Va.. Record No.
1063-12-3, (Va. Ct. App. Dec. 6, 2012), and Lee did not
September 21, 2015, Lee filed a petition for a writ of habeas
corpus in the Supreme Court of Virginia, asserting the
following claims for relief:
1. Counsel failed to contact, interview or subpoena an alibi
2. Counsel colluded with the Commonwealth's Attorney and
3. The trial judge failed to be both impartial and
4. Counsel illegally abandoned Lee on appeal.
petition was dismissed as untimely pursuant to Virginia Code
§ 8.01-54(A)(2), and the Supreme Court of Virginia
denied rehearing on February 4, 2016. (Order, Lee v.
Clarke. Dir. Dep't.of Corr. of Va., Record No.
151441, (Va. Dec. 2, 2015)).
September 2, 2016, Lee filed the instant § 2254
petition. Lee's grounds for filing this petition are as
Claim 1: Counsel failed to investigate and subpoena key alibi
witness to ...