United States District Court, E.D. Virginia, Richmond Division
LAVAYE D. TROTTER, Petitioner,
HAROLD CLARKE, Respondent.
Roderick C. Young United States Magistrate Judge.
D. Trotter, a Virginia state prisoner proceeding pro
se, brings this petition pursuant to 28 U.S.C.
§ 2254 ("§ 2254 Petition," ECF No. 1)
challenging his convictions in the Circuit Court of the City
of Portsmouth, Virginia ("Circuit Court").
Respondent moves to dismiss, inter alia, on the
ground that the one-year statute of limitations governing
federal habeas petitions bars the § 2254 Petition. For
the reasons set forth below, the Motion to Dismiss (ECF No.
11) will be GRANTED.
was convicted in the Circuit Court of burglary, robbery,
malicious wounding, and three counts of use of a firearm in
the commission of a felony. (See ECF No. 13-2, at
1.) Trotter appealed his convictions. (Id.) On
January 20, 2016, the Court of Appeals of Virginia denied
Trotter's petition for appeal. (Id.) Trotter
pursued a further appeal to the Supreme Court of Virginia.
(ECF No. 13-3, at 1.) On November 8, 2016, the Supreme Court
of Virginia refused Trotter's petition for appeal.
(Id.) Trotter did not file any request for
collateral review in the Virginia courts. (ECF No. 13 ¶
March 13, 2019, Trotter filed the instant §2254
Petition. In his § 2254 Petition, Trotter
raises the following claims for relief:
Claim One: The evidence was insufficient to prove
Trotter's guilt beyond a reasonable doubt. (ECF No. 1, at
Claim Two: Trotter failed to receive the effective assistance
of counsel because counsel:
(a) failed to object to statements from the victim and other
witnesses (ECF No. 1-1, at 4-5); and,
(b) failed to investigate and subpoena witnesses
(id. at 5).
Statute of Limitations
contends that the federal statute of limitations bars
Trotter's claims. Section 101 of the Antiterrorism and
Effective Death Penalty Act ("AEDPA") amended 28
U.S.C. § 2244 to establish a one-year period of
limitation for the filing of a petition for a writ of habeas
corpus by a person in custody pursuant to the judgment of a
state court. Specifically, 28 U.S.C. § 2244(d) now
1. A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run 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 ...