Moyd v. Director, VA DOC

Filing 16

MEMORANDUM OPINION. Signed by Magistrate Judge Roderick C. Young on 06/03/2015. Copy mailed to Petitioner. (walk, )

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

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JUN - 3 2015
CLERK, U.S. DISTRICT COURT
RICHMOND. VA

MARSHALL D. MOYD,

Petitioner,
Civil Action No. 3:15CV14

V.

DIRECTOR, VA DOC,

Respondent.
MEMORANDUM OPINION

Marshall D. Moyd, a Virginia state prisoner proceeding pro se and informa pauperis,
brings this petition pursuant to 28 U.S.C. § 2254 (hereinafter, "§ 2254 Petition," ECF No. 1)

challenging his conviction in the Circuit Court of the City of Virginia Beach, Virginia ("Circuit
Court"). In his § 2254 Petition, Moyd argues entitlement to relief based upon the following
grounds:

Claim One:

Appellate counsel rendered ineffective assistance "when he failed to
assign as error to the Court of Appeals of Virginia the court's ruling
denying [Moyd's] motion for a change of venue due to widespread
prejudice against the petitioner in the community." (Mem. Supp. § 2254
Pet. 1.)

Claim Two:

Appellate counsel rendered ineffective assistance "when he failed to
assign as error to the Supreme Court of Virginia the Court of Appeals'
ruling that the evidence was sufficient to prove [Moyd] committed firstdegree murder, robbery, use of a firearm in the commission of a felony,
and possessed or used a sawed-off shotgun." {Id. at 1-2.)

Respondent moves to dismiss the § 2254 Petition on the grounds that Moyd's claims lack
merit. Moyd has responded. The matter is ripe for disposition.