Engel v. Clarke, No. 3:2013cv00708 - Document 16 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 7/24/2014. Copies as DIRECTED to Engel and counsel for Respondent.(cmcc, )
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I L E JU. 2 4 2014 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA CLERK. U.S. DISTfliCT COUR1 Richmond Division RICHMOND. VA BRIAN P. ENGEL, Petitioner, Civil Action No. 3:13CV708 v. HAROLD CLARKE, Respondent. MEMORANDUM OPINION Brian P. Engel, a Virginia state prisoner proceeding pro se and informa pauperis, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") challenging his conviction in the Circuit Court of Southampton County, Virginia ("Circuit Court") for assault and battery of a law enforcement officer. In his § 2254 Petition, Engel argues entitlement to relief based upon the following grounds: Claim One: Counsel rendered ineffective assistance1 "for failing to investigate a defense or the evidence." (§ 2254 Pet. 6.) Specifically: (a) counsel failed to argue that the Commonwealth had no physical evidence; (b) counsel failed to obtain a videotape of the incident; and, (c) counsel failed to investigate why the victim took no pictures of his wet uniform nor sent the uniform to be tested. Claim Two: Counsel rendered ineffective assistance "for failing to investigate a witness and prepare for trial." {Id. at 12.) Counsel failed to: (a) interview Officer Vaughan and Magruder; (b) conduct an adequate investigation or develop defense strategy; and, (c) consult with Engel. Claim Three: Counsel rendered ineffective assistance on appeal. "In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence." U.S. Const, amend. VI. I
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