Harrison v. Baker

Filing 17

MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge Henry E. Hudson on 01/31/2019. Copy sent to Petitioner.(ccol, )

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

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Richmond Division

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JAN 3 12019

EARLANDO MARIO HARRISON,

CLERK, U.S. DISTRICT COURT
RICHMOND. VA

Petitioner,

Civil Action No. 3:18CV85-HEH

V.

B. BAKER,

Respondent.
MEMORANDUM OPINION

(Granting Motion to Dismiss)

Earlando Mario Harrison, a Virginia state prisoner proceeding pro se, brings this

petition pursuant to 28 U.S.C. § 2254("§ 2254 Petition," EOF No. 1) challenging his
convictions in the Circuit Court for the City ofHampton, Virginia ("Circuit Court").

Harrison argues that he is entitled to relief on the following grounds:'
Claim One;

"Newly discovered evidence (notarized affidavit)," in which
"[t]he alleged victim of the offenses that [Harrison has] been
wrongfully convicted of, Jeremy Shelton, voluntarily recanted his
accusations of[Harrison] being the person that assaulted him."
(§ 2254 Pet. 5.)

Claim Two:

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"Ineffective assistance of counsel" because "[a]fter being made
aware of the after-acquired newly discovered evidence and

supplied with a copy of it (notarized affidavit),[Harrison's] trial
counsel failed to conduct an appropriate investigation or at the
least, inform the proper authority of the evidence that cast doubt
upon the correctness of the conviction." {Id at 7.)

'The Court employs the pagination assigned by the CM/ECF docketing system for citations to
Harrison's submissions. The Court corrects the spelling, punctuation, capitalization, and spacing
in the quotations from Harrison's submissions.