Atkeison v. Clarke, No. 1:2019cv01480 - Document 24 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 8/19/2020. (rban, copy mailed )

Download PDF
Atkeison v. Clarke Doc. 24 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 1 of 11 PageID# 130 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Gordon L. Atkeison, Petitioner, V. Harold W.Clarke, Respondent. ) ) ) ) ) ) ) l:19cvl480(LMB/MSN) MEMORANDUM OPINION Gordon L. Atkeison("Atkeison" or "petitioner"), a Virginia inmate proceeding pro sq, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,challenging the constitutionality ofthe sentence imposed for his malicious wounding conviction entered in Powhatan County Circuit Court. £Dkt. No. 1]. Respondent has filed a Motion to Dismiss, with a supporting brief, and Atkeison has filed responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975). Accordingly, respondent's motion is ripe for disposition. For the reasons that follow, respondent's Motion to Dismiss will be granted, and the petition dismissed. I. Procedural History Atkeison pleaded guilty in the circuit court on December 11, 2015 to malicious wounding and was sentenced on March 24, 2016 to 20 years in prison with 11 years suspended. (Case No. CR14000138-00). The Court of Appeals of Virginia denied Atkeison's petition for appeal on December 29, 2016, Atkeison v. Commonwealth. Record No. 0919-16-2(hereinafter"CAV R. at ^"), in an opinion summarizing the evidence as follows: [T]he evidence ... established that appellant, without provocation, attacked his uncle while he was asleep, cutting the victim with a box cutter on the face and chest, before fleeing from the house. The victim's wounds required twenty-one stitches, and he also lost a tooth. The victim believed appellant's use of alcohol may have been a factor in the attack. Appellant testified at the sentencing hearing that his uncle had sexually abused him when he was a child, an allegation Dockets.Justia.com Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 2 of 11 PageID# 131 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 3 of 11 PageID# 132 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 4 of 11 PageID# 133 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 5 of 11 PageID# 134 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 6 of 11 PageID# 135 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 7 of 11 PageID# 136 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 8 of 11 PageID# 137 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 9 of 11 PageID# 138 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 10 of 11 PageID# 139 Case 1:19-cv-01480-LMB-MSN Document 24 Filed 08/19/20 Page 11 of 11 PageID# 140

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.