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Marsh v. Fleming

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

October 11, 2019

CHASE ADAM MARSH, Petitioner,
v.
LESLIE FLEMING, Respondent.

          MEMORANDUM OPINION

          Robert E. Payne, Senior United States District Judge.

         Chase Adam Marsh, a Virginia inmate proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. I).[1] Respondent moves to dismiss, inter alia, on the ground that the action is barred by the statute of limitations. Marsh has responded. For the reasons set forth below, the Motion to Dismiss (ECF No. 11) will be granted.

         I. PROCEDURAL HISTORY

         Marsh was convicted in the Circuit Court of Caroline County of abduction with intent to defile, anal sodomy, and oral sodomy. (ECF No. 13-3, at 1-2.) Marsh appealed his convictions. (Id. at 1.) On December 17, 2015, the Supreme Court of Virginia refused Marsh's petition for appeal. (ECF No. 13-6, at 1.)

         On November 14, 2016, Marsh's mother filed a petition for a writ of habeas corpus with the Circuit Court of the City of Richmond. (ECF No. 19, at 6-7.) On April 12, 2017, the Circuit Court for the City of Richmond transferred the action to the Circuit Court for Caroline County. Marsh v. Fleming, No. CL16-5069 (Va. Cir. Ct. Apr. 12, 2017). In transferring the action, the Circuit Court for the City of Richmond observed that: "Pursuant to Va. Code § 8.01-654 (B) (1) 'only the circuit court which entered the original judgment order of conviction or convictions complained of in the petition shall have authority to issue writs of habeas corpus.'" Id. On April 17, 2017, the Circuit Court of Caroline County filed Marsh's petition for a writ of habeas corpus. Id.

         On January 4, 2018, the Circuit Court of Caroline County dismissed the petition for a writ of habeas corpus. Marsh v. Fleming, No. CL17000298-00, at 20 (Va. Cir. Ct. Jan. 4, 2018). Marsh filed a notice of appeal, but failed to timely file a petition for appeal. (ECF No. 13-7, at 1.)

         On January 31, 2019, Chase placed his § 2254 Petition in the prison mail system for mailing to this Court. (§ 2254 Pet. 56.) The Court deems the § 2254 Petition filed as of that date. See Houston v. Lack, 487 U.S. 266, 276 (1988). Marsh contends that he is entitled to relief upon the following grounds:

Claim One "Petitioner was subjected to multiple punishments for the same criminal acts." (§ 2254 Pet. 5.)
Claim Two The court "prejudicially encouraged the jury to speed up their deliberations." (Id.)
Claim Three "The Court erroneously refused to dismiss juror who would not apply the law or concept of burden of proof was the prosecutions, the defendant's right not to testify, and the presumption of innocence." (Id.)
Claim Four "Denied effective assistance when juror expressly admits bias on voir dire without a court response or follow-up." (Id.)
Claim Five "Denied effective assistance when defense attorney failed to rely on the exceptions of the rape shield law, permitting the introduction evidence." (Id.)
Claim Six "Denied due process because he was not mirandized while in the custody of the Regional Jail as instructed under the U.S. Department of Justice Final Rule of the Prison Rape Elimination Act." (Id. at 5-6.)
Claim Seven "Prosecutorial misconduct, allowing a witness testimony about a nolle prosequi case with similarities to the ...

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