In the United States District Court for the Western District of Virginia Roanoke Division
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION WILLIAM CHARLES MORVA, ) Civil Action No. 7:13-cv-00283 Petitioner, ) ) v. ) MEMORANDUM OPINION ) KEITH W. DAVIS, ) By: Michael F. Urbanski Respondent. ) United States District Judge William Charles Morva (“Morva”), a Virginia inmate proceeding with counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, Dkt. No. 111, challenging the sentences of death imposed by the Circuit Court of Montgomery County, Virginia (“circuit court”) on August 25, 2008. Respondent, who is the Warden of the Sussex I State Prison (“Warden”), moved to dismiss the petition, Dkt. Nos. 67, 120, Morva responded, and the court held a hearing on October 24, 2014. After exhaustively reviewing the record and considering the parties’ arguments, the court finds that Morva’s counsel were not ineffective and that his capital murder trial did not otherwise violate the laws or Constitution of the United States. As such, the Warden’s motions to dismiss must be GRANTED. I. Factual and Procedural History Following an eight day trial held in March 2008, a jury convicted Morva of assault and battery on Montgomery County Sheriff’s Deputy Russell Quesenberry, in violation of Virginia Code § 18.2-57; escape with force by a prisoner, in violation of Virginia Code § 18.2-478; one count of capital murder for killing hospital security guard Derrick McFarland while a prisoner, in violation of Virginia Code § 18.2-31(3); one count of capital murder for killing Montgomery County Sheriff’s Deputy Corporal Eric Sutphin, in violation of Virginia Code § 18.2-31(6); one count of capital murder for committing premeditated murders of more than one person within a three-year period, in violation of Virginia Code § 18.2-31(8); and two counts of using a firearm in the commission of murder, in violation of Virginia Code § 18.2-31.
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