Kenneth J. Harris v. Chadwick Dotson, Director

Summary

The United States District Court for the Western District of Virginia considers Kenneth J. Harris’s 28 U.S.C. § 2254 petition challenging Virginia convictions for drug and firearm offenses. The court concludes that Harris’s Fourth Amendment search-and-seizure claim is not cognizable under Stone v. Powell because he had a full and fair opportunity to litigate it in state court, and that his ineffective-assistance claim was procedurally defaulted and lacked merit. The court grants the respondent’s motion to dismiss.

Holdings

1. A Fourth Amendment challenge to a search and seizure is not cognizable on federal habeas review when the state provided a full and fair opportunity to litigate the claim.
2. Harris's ineffective-assistance claim was procedurally defaulted because he failed to file a timely petition for appeal in the Supreme Court of Virginia as required by Virginia Rule 5:17.
3. Harris failed to establish cause or prejudice sufficient to excuse his procedural default.
4. Even absent procedural default, Harris was not entitled to habeas relief because the state habeas court reasonably concluded that counsel was not deficient and that the record did not establish prejudice.

Questions Presented

1. Whether Harris's Fourth Amendment challenge to the search warrant and seizure of evidence was cognizable in federal habeas after he received a full and fair opportunity to litigate the claim in state court.
2. Whether Harris's ineffective-assistance-of-counsel claim was procedurally defaulted because he failed to timely file a petition for appeal from the denial of state habeas relief.
3. Whether Harris established cause and prejudice to excuse the procedural default of his ineffective-assistance claim.
4. Whether the state habeas court's rejection of the ineffective-assistance claim was contrary to, or an unreasonable application of, clearly established federal law or based on an unreasonable determination of the facts.

Disposition

dismissed