Everage v. Wright

Filing 16

MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 9/9/14. (gwalk, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Michael Lee Everage,
Petitioner,

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v.

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l:13cv510(JCC/JFA)

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Benjamin Wright,
Respondent.

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MEMORANDUM OPINION

Michael Lee Everage, a Virginia inmate proceeding rjro 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 first degree murder entered in the Circuit Court for the City of Virginia Beach. After
respondent moved lo dismiss the petition, Everage was given the opportunity to file responsive
materials, pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975) and Local Civil Rule

7(K), and he has filed a reply. Accordingly, the matter is now ripe for disposition. After careful
review, the petition will be dismissed with prejudice.
I. Background

On December 22, 2008, a jury convicted Everage of first degree murder for the

bludgeoning death of his wife, Robyn. Case No. CR07-2653. The facts underlying the conviction
were described by the Court of Appeals of Virginia as follow:
On February 19. the day the victim was last seen alive, appellant received a taxi
ride from his car, parked approximately thirty minutes away, to the victim's
residence. Appellant later traveled to an automotive supply store and bought a

side-view mirror for a Ford vehicle. The receipt for the item and its packaging
were located on the victim's property, and appellant's fingerprints were on the
packaging. Appellant was seen at the victim's house that day. He operated a loud
generator and loaded something into the victim's car, which was backed into the
driveway. A neighbor saw appellant drive away in the victim's car between 2:30