United States District Court, W.D. Virginia, Roanoke Division
E. Conrad Senior United States District Judge
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.
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
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.
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
4. pursue an entrapment defense.
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 ...