Simms v. Holloway
Eugene Lee Simms |
G. Holloway |
1:2014cv00041 |
January 15, 2014 |
US District Court for the Eastern District of Virginia |
Alexandria Office |
Out of State |
T. S. Ellis |
Thomas Rawles Jones |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 18 MEMORANDUM OPINION - Petitioner's argument has no merit, however. As discussed above, appellate counsel was not ineffective for failing to raise all requested issues on appeal. In addition, as the evidence shows that the delays in setting petiti oner's trial date were attributed to petitioner, and as thedecision to agree to the delayed date was made tactically by petitioner's counsel, appellate counsel could reasonably conclude that there was no meritorious issue to raise on appeal . Accordingly, petitioner has not established cause to excuse his procedural default. Claim D therefore cannot be reviewed on its merits, and must be dismissed. For the above stated reasons, this petition will be dismissed. An appropriate Judgment and Order shall issue. Signed by District Judge T. S. Ellis, III on 03/03/2015. (dvanm, ) |
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Petitioner: Eugene Lee Simms | |
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Respondent: G. Holloway | |
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