Brantley v. Clarke

Filing 37

MEMORANDUM OPINION re 36 ORDER. Signed by District Judge Liam O'Grady on 4/10/2018. (c/s to Petitioner) (lcre, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Harry Brantley, Petitioner, V. Harold W.Clarke, Respondent. ) ) ) ) ) ) ) l:16cvl014(LO/IDD) MEMORANDUM OPINION Harry Brantley, a Virginia inmate proceeding pro has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a conviction of robbery and related offenses entered in the Circuit Court for the City of Hopewell.' The matter comes before the Court on a Motion to Dismiss the petition filed by the respondent, to which petitioner has filed a reply. For the reasons which follow, the Motion to Dismiss will be granted, and the petition will be dismissed, with prejudice. I. Background On July 29, 2013,following ajury trial, Brantley was convicted ofrobbery, use of a firearm in the commission ofa robbery, and wearing a mask in public. Case Nos. CRl2-233-234 and -244. He received a sentence ofeight years and 12 months incarceration. In denying Brantley's direct appeal, the Court of Appeals described the facts underlying the conviction as follows:^ 'Brantley filed a separate § 2254 petition in this court in Case No. 16cv661 (GBL/JFA) concerning convictions entered in the Prince George County Circuit Court. Order,Dkt. No.27. By a Memorandum Opinion and Order entered on September 12,2017,the petition in that case was dismissed, and Brantley took no appeal ofthe dismissal. ^Because a federal court on habeas review of a state conviction must defer to findings of fact made by state trial and appellate courts, 28 U.S.C. § 2254(d), it is appropriate to look to the state

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