Juniper v. Kelly

Filing 154

OPINION - Signed by District Judge John A. Gibney, Jr on 08/03/2015. (tjoh, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

ANTHONY BERNARD JUNIPER,
Petitioner,
Civil Action No. 3:1 l-cv-00746

V.

DAVID W. ZOOK,
Warden, Sussex I State Prison,

Respondent.

OPINION

This matter comes back to the Court on remand from the United States Court of Appeals
for the Fourth Circuit to consider what, if any, procedurally defaulted claims of ineffective
assistance of trial counsel may be raised pursuant to Martinez v. Ryan, 132 S. Ct. 1309 (2012).
Petitioner Anthony Bernard Juniper, an inmate on death row in Virginia, presents three potential
claims in his Amended Petition for Writ of Habeas Corpus. (Dk. No. 144.) David W. Zook, the

Warden of Sussex I State Prison ("the Warden"), moves to dismiss the Amended Petition. (Dk.
No. 146.) Because the Court finds that Juniper's amended claims do not meet the requirements

set forth by the Supreme Court in Martinez, each is barred due to procedural default.
Accordingly, the Court grants the Warden's Motion to Dismiss and denies Juniper's Amended
Petition for Writ of Habeas Corpus.
I. FACTS AND PROCEDURAL HISTORY

The Court previously set forth the grisly facts of the crimes at the heart of this petition in

a Memorandum Opinion dated March 29, 2013, which the Court incorporates herein by
reference. See Juniper v. Pearson, 2013 WL 1333513, at *1-6 (E.D. Va. Mar. 29, 2013) (Dk.