United States District Court, W.D. Virginia, Roanoke Division
MICHAEL G. WARWICK, Petitioner,
HAROLD W. CLARKE, Respondent.
Michael G. Warwick, Pro Se Petitioner
H. Anderson, III, Senior Assistant Attorney General,
Richmond, Virginia, for Respondent.
P. Jones United States District Judge
pro se Petition for a Writ of Habeas Corpus under 28 U.S.C.
§ 2254, the petitioner Michael Warwick, a Virginia
inmate, challenges the validity of his confinement on a
judgment by the Nelson County Circuit Court. After review of
the record, I conclude that the respondent's Motion to
Dismiss must be granted, because Warwick's petition is
partially procedurally barred and ultimately without merit.
August 16, 2013, Warwick was recovering from spinal surgery
at the Lovingston Health and Rehabilitation Center, a nursing
home facility. Lakisha Townes, the director of discharge at
the facility, entered Warwick's room to discuss his
scheduled discharge on August 18. Townes also told Warwick
that the center intended to move him into a different room.
Even after staff offered to help pack, Warwick became
increasingly agitated and began cursing and shoved Townes.
Townes left the room and a nurse called 911. While waiting
for the police, nurses continued trying to calm Warwick.
Deputy Sheriff Brooks arrived, Warwick was pacing back and
forth between his room and the nursing station. After
attempting to speak to Warwick multiple times, Brooks finally
placed a hand on Warwick's arm to prevent him from
moving. Warwick swung his arm backwards to break free of
Brooks' grasp and threw several punches, striking Brooks
in the face. Brooks informed Warwick that he was under
arrest, then disengaged and waited for backup.
after, Sergeant Davis responded to the call, and the two
officers moved to arrest Warwick. Davis and Brooks attempted
to gently force Warwick to the floor, but a violent struggle
ensued and Warwick struck Brooks in the chest and face and
Davis in the face. Brooks testified that Warwick struck him
eight or nine times but that he did not incur any lasting
injuries. At some point during the scuffle, Warwick also
kicked Davis in the face, breaking the sergeant's
glasses. The struggle on the floor lasted approximately two
to three minutes. Neither officer knew what medications
Warwick was taking nor his overall psychological state - they
only knew that he appeared extremely agitated.
testified that he remembered taking painkillers and being
asked by the nurses to move several times, but that he did
not recall Brooks asking him to calm down or put his arms
down. He did recollect Brooks grabbing him by both arms and
pushing his back into an ice machine, which Warwick said was
extremely painful because he still had stitches in his back.
He claimed that he did not understand why Deputy Brooks was
there, and that he had approached the nurses' station to
request that they empty blood out of his medical pouch. He
asserted that he complied with the officers' demand to
put his arms behind his back, but that he was hurt badly when
Brooks and Davis wrestled him to the ground. He testified
that he did not remember much of the struggle due to his
medication, but that he knew that he did not intend to strike
Brooks or Davis. Warwick described the interaction as an
example of police brutality.
jury convicted Warwick and the Nelson County Circuit Court
sentenced him to six years in prison. Warwick appealed, but
both the Court of Appeals of Virginia and the Supreme Court
of Virginia denied his petitions. Warwick did not raise any
of his present allegations during his direct appeals;
however, he did raise the claims in a habeas petition in the
Supreme Court of Virginia, which was denied.
January 19, 2017, Warwick filed a Petition for a Writ of
Habeas Corpus in this court, alleging the following:
1. Warwick's due process rights were violated because the
circuit court order book did not contain an entry that the
grand jury had properly indicted petitioner, as required
under Virginia law;
2. Trial counsel was ineffective for failing to inspect the
grand jury record, thus not realizing that the record was
3. Trial counsel was ineffective for not interviewing
Warwick's surgeon and not reviewing or subpoenaing
Warwick's medical chart to show that Warwick's
physical health was such ...