Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Smith v. Warden

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

June 26, 2018

JOHN ANGELO SMITH, Petitioner,
v.
WARDEN, Respondent.

          MEMORANDUM OPINION

          HON. JACKSON L. KISER SENIOR UNITED STATES DISTRICT JUDGE

         John Angelo Smith, 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 Lynchburg City Circuit Court for possession of cocaine with the intent to distribute as a third or subsequent offense. Respondent filed a motion to dismiss, and Smith responded, making the matter ripe for disposition. After review of the record, I grant the motion to dismiss and dismiss the petition.

         I. Procedural History

         Smith pleaded guilty to possession of cocaine with the intent to distribute as a third or subsequent offense, and on September 9, 2011, the trial court entered final judgment, sentencing him to ten years in prison, with four years suspended. Smith's direct appeal and other postconviction motions failed. Smith did not file a state habeas petition.

         II. Claims

         On February 8, 2017, Smith filed the current petition, alleging:

1. Smith's probation officer, Catherine Wingfield, falsely stated in the presentence report that she had conducted a COMPAS[1] evaluation which placed Smith in a "high risk" category for future substance abuse and he did not find out this information until he was sentenced;
2. Commonwealth's Attorney Michael Doucette committed misconduct by forwarding the information regarding Officer Wingfield to defense counsel, rather than the court; 3. Assistant Commonwealth's Attorney Rebecca Wetzel was aware that the confidential information (Elizabeth Carey) had been videotaped and confronted about inhaling, licking, and touching cocaine purchased during a controlled buy that occurred on March 26, 2011, and the prosecutor used this tainted evidence against Smith.

         Smith seeks the vacation of his conviction, a new trial, and/or an evidentiary hearing.

         III. Time-Bar

         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 for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.