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Bowman v. Clarke

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

July 23, 2018

JIMMY LYMONNE BOWMAN, Petitioner,
v.
HAROLD CLARKE, Respondent.

          MEMORANDUM OPINION

          Robert E. Payne, Senior United States District Judge.

         Jimmy Bowman, a Virginia inmate proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) . Bowman contends that he is entitled to relief upon the following grounds:

Claim One Petitioner failed to receive the effective assistance of counsel because counsel did not object to prosecution's evidence reflecting that Petitioner had a prior conviction. (§ 2254 Pet. 6.)
Claim Two Petitioner's appellate counsel performed deficiently when "he failed to properly argue how the Court of Appeals of Virginia erred in accordance with Supreme Court of Va. rule 5:17(c)(1)(iii) but simply presented the same argument that was presented to the Court of Appeals." (Id. at 7.)

         Respondent moves to dismiss, inter alia, on the grounds that Bowman's claims lack merit. For the reasons set forth below the Motion to Dismiss (ECF No. 12) will be granted.

         I. Factual And Procedural History

         A. Trial And Direct Appeal

         Bowman was convicted in the Circuit Court for the City of Colonial Heights ("Circuit Court") of three counts of distribution of drugs, second offense. (ECF No. 14-1, at 1.) The Circuit Court sentenced Bowman to an active prison term of twelve years. (Id.) Bowman appealed.

         On appeal Bowman first argued:

(1) "that the trial court erred by holding that the evidence was sufficient to convict him of possession of a Schedule I or II controlled substance with the intent to distribute, second offense, *when another person confessed to committing these crimes on the witness stand at trial under oath.'"
(ECF No. 14-3, at 1). Bowman then argued:
(2) "that the trial court erred by convicting him of possession of a Schedule I or II substance with the intent to distribute, second offense, xwhen the Commonwealth did not prove all of the elements required to establish a prior conviction under Virginia Code § 18.2-248.'"

(Id. at 3.)

         In rejecting Bowman's first argument, the Court of ...


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