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Coreas v. Clarke

United States District Court, E.D. Virginia, Richmond Division

April 26, 2018

LEONICIO ARIAS COREAS, Petitioner,
v.
HAROLD CLARKE, Respondent.

          MEMORANDUM OPINION (DENYING 28 U.S.C. § 2254 PETITION)

          HENRY E. HUDSON UNITED STATES DISTRICT JUDGE

         Leonicio Arias Coreas ("Coreas"), a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition, " ECF No. 1). Respondent has moved to dismiss on the ground that, inter alia, the statute of limitations bars the action. (ECF No. 14.) For the reasons set forth below, the Court rejects Coreas's suggestion that he is actually innocent and will grant the Motion to Dismiss.

         I. PROCEDURAL HISTORY

         A. Relevant State Proceedings

         According to the Commonwealth's evidence, between July 1, 2002 and July 20, 2002, N.R. was living with her parents in a home in Fairfax County, Virginia. (Aug. 9, 2010 Tr. 9-10.) At that time, N.R. was 11 years old. (Aug. 9, 2010 Tr. 9.) Coreas also lived in this same house. (Aug. 9, 2010 Tr. 10.) At that time, Coreas was 28 years old. (Aug. 9, 2010 Tr. 4.)

         One day during the above period, N.R.'s parents went to work, leaving her at home with Coreas. (Aug. 9, 2010 Tr. 10.) N.R. walked through the living room of the home where Coreas was watching the Playboy channel. (Aug. 9, 2010. Tr. 10.) Coreas asked N.R. if she wanted to do what she saw on the television. (Aug. 9, 2010 Tr. 10.) N.R. said no. (Aug. 9, 2010 Tr. 10.) Coreas then grabbed her and took her to her bed, removed her clothes, and penetrated her vagina with his tongue, fingers and penis. (Aug. 9, 2010 Tr. 10.)

         N.R. told her parents about Coreas's actions, who, in turn, called the police. (Aug. 9, 2010 Tr. 10.) The police interviewed Coreas, who acknowledged that he did the things N.R. claimed, but mostly just licked her vagina. (Aug. 9, 2010 Tr. 10.) Coreas wrote a letter of apology to N.R. and her family. (Aug. 9, 2010 Tr. 10.) Following his statement to the police and before he was arrested, Coreas left the area and was not able to be located again until 2010. (Aug. 9, 2010 Tr. 10-11.)

         Coreas was initially charged with rape of child less than 13 years old, sodomy of a child less than 13 years old, and object penetration of child less than 13 years old. In exchange for Coreas's plea of guilty to cunnilingus with N.R., a child of less than 13 years of age, in violation of section 18.2-67.1 of the Virginia Code, [1] the Commonwealth agreed to drop the other charges. (Aug, 9, 2010 Tr. 3, 7-8.) On August 9, 2010, in the Circuit Court for the County of Fairfax ("Circuit Court"), Coreas pled guilty to the charge of forcible sodomy. (Aug, 9, 2010 Tr. 11.)

         On November 29, 2010, the Circuit Court entered final judgement against Coreas and sentenced him to thirteen years of imprisonment.[2] (ECF No. 16-1, at 3.)[3] Coreas did not appeal. Coreas did not pursue any post-conviction motions until several years later.

         B. Federal Habeas Proceedings

         Coreas filed his § 2254 Petition with this Court on July 11, 2017. (§ 2254 Pet. 14.)[4] In his § 2254 Petition, Coreas brings the following claims for relief:

Claim 1
(a) Counsel failed to conduct a proper pretrial investigation and failed to discover that the police never questioned Coreas in 2002. (Id. at 19);
(b) Counsel failed to conduct a proper pretrial investigation and failed to discover that the assertion that Coreas provided a written confession to ...

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