Brantley v. Clarke
MEMORANDUM OPINION re 36 ORDER. Signed by District Judge Liam O'Grady on 4/10/2018. (c/s to Petitioner) (lcre, )
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
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.
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
'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.
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?