Bagby v. Edmonds et al, No. 3:2013cv00470 - Document 13 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 8/7/14. Copy sent: Yes (tdai, )
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHARLES EDWARD BAGBY, Petitioner, v. Civil Action No. 3:13CV470 LARRY T. EDMUNDS, et aL, Respondents. MEMORANDUM OPINION Charles Edward Bagby, a Virginia state prisoner proceeding pro se and in forma pauperis, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") challenging his convictions in the Circuit Court of Middlesex County ("Circuit Court"). In his § 2254 Petition, Bagby argues entitlement to relief based upon the following grounds: Claim (a): Counsel rendered ineffective assistance by sleeping through a critical stage of trial. Claim (b): Bagby's conviction for animate object sexual penetration violated the Fourth,1 Fifth,2 Sixth,3 and Fourteenth Amendments "following the Court's clear and unambigious finding that one of the necessary elements of that offense had not been proven." (§ 2254 Pet. 6, ECF No. 5-1.) 1 "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const, amend. IV. Because Bagby is a state inmate, the Fourteenth Amendment Due Process clause applies instead of the Fifth Amendment. The Fourteenth Amendment states in relevant part: "No State shall. . . deprive any person of life, liberty, or property, without due process of law .. . ." U.S. Const, amend. XIV, § 1. "In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." U.S. Const, amend. VI.
]]>
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.
