Johnson v. Clarke, No. 1:2019cv01080 - Document 14 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 8/6/20. (c/m on 8/6/20)(klau, )
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Johnson v. Clarke Doc. 14 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 1 of 9 PageID# 248 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Benjamin Butch Johnson, Petitioner, I:19cv01080(LO/MSN) V. Harold W.Clarke, Respondent. MEMORANDUM OPINION Benjamin Butch Johnson, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. ยง 2254, challenging the constitutionality of his February 22, 2016 conviction in the Circuit Court of the City of Chesapeake for first-degree murder. Respondent has filed a Motion to Dismiss, with a supporting brief. Johnson has been notified of his opportunity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975), but has declined to respond. Accordingly, this matter is now ripe for disposition. For the reasons that follow, respondent's Motion to Dismiss must be granted, and the petition will be dismissed. 1. Procedural History On August 26 through 31,2015, Johnson was tried by a jury and found guilty of firstdegree murder. The jury fixed his sentence at life in prison and a fine of$100,000. Johnson represented himself with stand-by counsel at trial. On February 22,2016,the Chesapeake Circuit Court sentenced Johnson to life in prison. (Case No. CRl 1-2472). The Court of Appeals of Virginia denied Johnson's petition for appeal on May 16, 2017, and his petition for rehearing on July 21, 2017. Johnson did not appeal to the Supreme Court of Virginia. The Court of Appeals of Virginia summarized the trial evidence as follows: Dockets.Justia.com Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 2 of 9 PageID# 249 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 3 of 9 PageID# 250 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 4 of 9 PageID# 251 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 5 of 9 PageID# 252 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 6 of 9 PageID# 253 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 7 of 9 PageID# 254 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 8 of 9 PageID# 255 Case 1:19-cv-01080-LO-MSN Document 14 Filed 08/06/20 Page 9 of 9 PageID# 256
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