Hamilton v. Clarke, No. 1:2017cv00245 - Document 19 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION- re: Motion to Dismiss. Signed by District Judge Leonie M. Brinkema on 12/29/2017. (acha, )
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Hamilton v. Clarke Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division JOHN E. HAMILTON, Petitioner, l:17-cv-245 (LMB) V. HAROLD W. CLARKE, Director of Virginia Department of Corrections, Respondent. MEMORANDUM OPINION In this Petition for a Writ of Habeas Corpus under 28 U.S.C. ยง 2254, John Hamilton ("petitioner" or "Hamilton") seeks an order vacating the Supreme Court of Virginia's decision, which upheld "his convictions for two countsof aggravated sexual battery, one count of sodomy, one count of indecent liberties with a child under the age of 14, and one count of indecent liberties by a person in a custodial position." Amend. Pet. at 1. Before the Court is respondent's Rule 5 Answer and Motion to Dismiss to which petitioner, who is represented by counsel, has filed a response. For the reasons that follow, the motion to dismiss will be granted. I. BACKGROUND A. Circuit Court Proceedings This casearose from allegations that petitioner, a former little league coach, sexually abused several minors in Fairfax County over an extended period of time. Amend. Pet. at 1; [Dkt. No. 14]. Although the initial allegation came from one individual, as the investigation progressed multiple victims came forward to report that when they were children, they were molested by petitioner. Before being indicted, petitioner hired counsel who reached an agreement Dockets.Justia.com
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