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Davis v. Booker

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

November 28, 2018

BOBBY LEE DAVIS, Petitioner,
v.
BERNARD BOOKER, Respondent.

          MEMORANDUM OPINION

          Hon. Jackson L. Kiser Senior United States District Judge

         Bobby Lee Davis, 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 Campbell County Circuit Court for drug offenses. Respondent filed a motion to dismiss, and Davis responded, making the matter ripe for disposition. Davis has also moved to expand the record. After review of the record, I will grant the motion to expand the record and grant the motion to dismiss.

         I. Background

         On January 20, 2015, the Campbell County Circuit Court entered final judgment, convicting Davis of multiple drug offenses, and sentenced Davis to thirty-five years' imprisonment, with all but twelve years and six months suspended. Davis did not appeal. On December 12, 2016, Davis filed a state habeas petition in the Campbell County Circuit Court, but the court denied his petition on April 3, 2017. Davis appealed, but the Supreme Court of Virginia denied the appeal on October 24, 2017, and his petition for rehearing on February 2, 2018. Davis filed the current petition on May 7, 2018, asserting two claims:

1. Davis was denied due process of law when the government failed to disclose material impeachment evidence of an elaborate scheme of criminal misconduct carried out by Altavista police officers and informants in drug-sting operations; and
2. Davis was denied effective assistance of trial counsel when his lawyer failed to (i) discover impeachment evidence and/or (ii) object to, challenge, or correct the government's breach of the sentencing provision of his plea agreement.

         The respondent submits that Davis' petition is untimely, procedurally defaulted, and without merit.

         II. Time-Bar

         Davis's petition is 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 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 retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the ...

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