Hayes v. Ponton

Filing 21

MEMORANDUM OPINION Re: Respondent's Motion to Dismiss. Signed by District Judge Anthony J Trenga on 07/11/13. (pmil)

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IN THE UNITED STATES DISTRICT COURT FO^THE ||
EASTERN DISTRICT OF VIRGINIA fp I

JUL 1 1 2013

Alexandria Division

Tino Devont Hayes,

ALEXANDRIA, VIRGINIA

l:12cvl!26(AJT/IDD)

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Henry Ponton,
Respondent.

MEMORANDUM OPINION

Tino Devont Hayes, a Virginia inmate proceeding pro se, has filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his conviction of

second degree murder and related firearms offenses in the Circuit Court of the City of Richmond.
On January 17, 2013, respondent filed a Motion to Dismiss and Rule 5 Answer, along with a
supporting brief and exhibits. Hayes was given the opportunity to file responsive materials,
pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975) and Local Rule 7(K), and he filed
a reply.

JJ

CLERK, U.S. DISTRICT COURT

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Petitioner,

jl,

For the following reasons, respondent's Motion to Dismiss will be granted, and the

petition will be dismissed, with prejudice.
I. Background

On December 8,2008, Hayes was convicted following a jury trial of second degree
murder and two corresponding counts of using a firearm in the commission of murder and

robbery. He was sentenced to an aggregate term of fifty-four (54) years and six (6) months in
prison, with six (6) months suspended. Case Nos. CR08-F0844 through -0847; Resp. Ex. A.

In its opinion affirming the convictions on direct appeal, the Court ofAppeals ofVirginia"^