Moyd v. Director, VA DOC, No. 3:2015cv00014 - Document 16 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by Magistrate Judge Roderick C. Young on 06/03/2015. Copy mailed to Petitioner. (walk, )
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Moyd v. Director, VA DOC Doc. 16 p IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division IE • JUN - 3 2015 CLERK, U.S. DISTRICT COURT RICHMOND. VA MARSHALL D. MOYD, Petitioner, Civil Action No. 3:15CV14 V. DIRECTOR, VA DOC, Respondent. MEMORANDUM OPINION Marshall D. Moyd, a Virginia state prisoner proceeding pro se and informa pauperis, brings this petition pursuant to 28 U.S.C. § 2254 (hereinafter, "§ 2254 Petition," ECF No. 1) challenging his conviction in the Circuit Court of the City of Virginia Beach, Virginia ("Circuit Court"). In his § 2254 Petition, Moyd argues entitlement to relief based upon the following grounds: Claim One: Appellate counsel rendered ineffective assistance "when he failed to assign as error to the Court of Appeals of Virginia the court's ruling denying [Moyd's] motion for a change of venue due to widespread prejudice against the petitioner in the community." (Mem. Supp. § 2254 Pet. 1.) Claim Two: Appellate counsel rendered ineffective assistance "when he failed to assign as error to the Supreme Court of Virginia the Court of Appeals' ruling that the evidence was sufficient to prove [Moyd] committed firstdegree murder, robbery, use of a firearm in the commission of a felony, and possessed or used a sawed-off shotgun." {Id. at 1-2.) Respondent moves to dismiss the § 2254 Petition on the grounds that Moyd's claims lack merit. Moyd has responded. The matter is ripe for disposition. Dockets.Justia.com
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