United States District Court, W.D. Virginia, Roanoke Division
JACKSON L. KISER SENIOR UNITED STATES DISTRICT JUDGE.
Phillip 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 Halifax County Circuit Court for several
crimes. Respondent filed a motion to dismiss, and Martin
failed to respond, making the matter ripe for disposition.
After review of the record, I grant the motion to dismiss and
dismiss the petition.
jury trial, the Halifax County Circuit Court convicted Martin
of: attempted voluntary manslaughter, carjacking, eluding the
police, identity theft, and use of a firearm during the
commission of a felony. Martin also pleaded guilty to felon
in possession of ammunition and violent felon in possession
of a weapon charges. The trial court sentenced Martin to
thirty-four years and three months' imprisonment, with
six years suspended. Martin's state court appeals were
unsuccessful, concluding on July 17, 2017.
November 29, 2017, Martin filed the current petition,
alleging the following grounds of habeas corpus relief:
1. Due process/equal protection rights when courts denied
opportunity to be heard upon child custody hearing in the
cases of both kids;
2. First Amendment Freedom of Religion rights;
3. Due process rights under Brady v. Maryland, 373
U.S. 83 (1963) violated;
4. Due process rights violated when evidence that a
subpoenaed witness had died was not turned over to him;
5. Due process rights violated by the destruction of
6. Due process rights violated when he was not present at all
7. Due process rights violated before arrest under
Miranda v. Arizona, 384 U.S. 436 (1966);
8. Equal protection rights violated by racial profiling;
9. Due process rights violated when law enforcement used
excessive force against him during an unlawful traffic stop;
10. Fifth Amendment right against self-incrimination
11. Counsel failed to object to the perjured testimony of