Cavalieri v. Commonwealth of Virginia, No. 1:2018cv00356 - Document 40 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 1/27/2020. (dvanm, c/m 1/27/2020)
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Cavalieri v. Commonwealth of Virginia Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division David Edward Cavalieri, Petitioner, I:18cv356(LMB/JFA) V. Commonwealth of Virginia Respondent. MEMORANDUM OPINION David Cavalieri ("Cavalieri" or "petitioner"), a Virginia inmate proceeding pro has filed a petition for a writ of habeas corpus under 28 U.S.C. ยง 2254, in which he challenges his conviction entered in the Circuit Court of Loudoun County for the first-degree murder of his girlfriend Stacie Harper("Harper")[Dkt. No. 1]. Respondent, the Commonwealth of Virginia ("the Commonwealth"), has filed a motion to dismiss and Rule 5 answer, along with a supporting brief.[Dkt. Nos. 28-30]. Cavalieri received the notice required by Local Rule 7(K) and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975), and has filed an opposition to the Commonwealth's submission.[Dkt. Nos. 31, 36-37]. For the reasons that follow, the Commonwealth's motion to dismiss will be granted. I. Background On February 17, 2010, a jury convicted Cavalieri ofthe first-degree murder of Harper and recommended a sentence of life imprisonment, which the trial court imposed on May 19, 2010.[Dkt. No. 30-1]. In addition to hearing about how investigators found Harper's body in Cavalieri's residence, the jury heard testimony from Investigator Mark McCaffrey, who conducted the interview with Cavalieri. The tape of that interview was played for the jury. In that interview Cavalieri explained that the body police found in his apartment was Harper's and that Dockets.Justia.com
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