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Martin v. Director, VDOC

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

April 26, 2018

JAMES DOUGLAS MARTIN, Petitioner,
v.
DIRECTOR, VDOC Respondent.

          MEMORANDUM OPINION

          Glen E. Conrad Senior United States District Judge

          James Douglas Martin, a Virginia inmate proceeding pro se, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the validity of his confinement on a judgment in the Henry County Circuit Court for distribution of cocaine. Respondent filed a motion to dismiss, and Martin responded, making the matter ripe for disposition. After review of the record, the court grants the motion to dismiss and dismisses the petition.

         I.

         On July 31, 2014, the Henry County Circuit Court found Martin guilty of distributing cocaine. On November 25, 2014, the trial court sentenced him to twenty years' imprisonment, with fifteen years and six months suspended. Martin did not appeal.

         On October 26, 2015, Martin filed a habeas petition in the circuit court, which the court denied on March 8, 2016. Martin appealed, but the Supreme Court of Virginia denied his petition and his request for rehearing.

         II.

         On August 17, 2017, Martin filed the current petition, alleging that trial counsel was ineffective for failing to:

1. file a notice of appeal;
2. introduce exculpatory audio and video evidence at trial;
3. properly question the witnesses and clarify their false statements; and
4. pursue an entrapment defense.

         III.

         Martin's claims are time-barred. Under the Anti-terrorism Effective Death Penalty Act (AEDPA), a one-year period of limitation for federal habeas corpus runs from the latest of:

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time ...

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