Breard v. Netherland

MEMORANDUM OPINION

RICHARD L. WILLIAMS, Senior District Judge.

This matter is before the Court on respondent’s motion to dismiss the petition for a writ of habeas corpus. For the reasons set forth below, the Court GRANTS the motion.

I. Background

Mr. Breard was convicted of the rape and stabbing death of thirty-nine year old Ruth Dickie. The Virginia Supreme Court, affirming Breard’s conviction and sentence on direct appeal, stated the facts of the ease as follows:

In February 1992, the victim, Ruth Dickie, resided alone at 4410 North Fourth Road, Apartment 3, in Arlington County. She was 39 years…