Where defense counsel pursued a mistaken identity defense in this attempted murder case, the decision was reasonable under the circumstances. To pursue the defenses appellant preferred — intoxication or lack of intent — would have required counsel to concede that ...

Tagged with: Habeas Corpus Supreme Court of Virginia

Where appellant claims in his habeas corpus petition that counsel provided ineffective assistance at trial, the circuit court correctly dismissed the petition with prejudice. Background Appellant Sullivan was arrested after a controlled drug buy that an informant facilitated. A jury ...

Tagged with: Habeas Corpus Supreme Court of Virginia

Where petitioner argues he is entitled to habeas relief, alleging that the commonwealth falsely stated at trial that a witness had been subpoenaed, the claim is procedurally barred. Petitioner could have raised it at trial. Further, petitioner has not pleaded ...

Tagged with: Habeas Corpus Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Defense counsel provided effective assistance by not asserting an insanity defense. Petitioner is denied habeas corpus relief. “Under Strickland v. Washington, 466 U.S. 668, 687 (1984), a petitioner must prove both that his counsel’s performance was deficient and that he ...

Tagged with: Habeas Corpus Judge Randy I. Bellows Virginia Circuit Courts

Where petitioner expressed satisfaction with counsel’s performance, pleaded “not guilty” and was convicted of marijuana and weapons offenses, the circuit court properly denied his habeas corpus petition based on ineffective assistance of counsel without holding an evidentiary hearing. Before trial ...

Tagged with: Habeas Corpus Supreme Court of Virginia

Appellant is not entitled to habeas corpus relief based on counsel’s failure to object at trial that appellant’s multiple convictions based on identical indictments violated his double jeopardy rights. Overview Appellant Dodd was convicted of three counts each of forcible ...

Tagged with: Habeas Corpus Supreme Court of Virginia

Where petitioner, who was in the United States on a student visa, pleaded guilty to a charge of possessing paraphernalia without being advised that the plea might result in her deportation, she is entitled to habeas corpus relief. Overview Following ...

Tagged with: Fairfax Circuit Court Habeas Corpus Judge John M. Tran Virginia Circuit Courts