Allison v. Holloway

Filing 20

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 11/14/2014. Copy mailed to Petitioner. (walk, )

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

LAMAR S. HILL,
Petitioner,
V.

Civil Action No. 3:12CV174

HAROLD W. CLARKE,

Respondent.
MEMORANDUM OPINION

Lamar S. Hill, a Virginia state prisoner proceeding by counsel and in forma pauperis,
brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") challenging his conviction
in the Circuit Court of the City of Richmond, Virginia ("Circuit Court") for possession of crack
cocaine with intent to distribute. By Memorandum Opinion and Order entered March 20, 2013,
the Court dismissed Claim Two and the state law portions of Claims Three and Four, denied

Respondent's Motion to Dismiss in part, and ordered Respondent to file further briefing. Hill v.
Clarke, No. 3:12CV174, 2013 WL 1165256, at *1, *6 (E.D. Va. Mar. 20, 2013).

By

Memorandum Opinion and Order entered January 4, 2014, the Court dismissed Claims Three

and Four and appointed counsel for Hill for further briefing on Claim One. Hill v. Clarke,
No. 3:12CV174, 2014 WL 31496, at *5-6 (E.D. Va. Jan. 4, 2014). In his remaining claim. Hill

argues entitlement to relief based upon the following:'
Claim One:

"The Supreme Court of Virginia erred in finding that Hill was not
'in custody' for purposes of Miranda v. Arizona, 384 U.S. 436
(1966) and that the trial court properly denied his motion to

' Hill lists his claims in bold. The Court removes the emphasis from the quotations to
Hill's submissions.