Hicks v. Clarke

By Judge Everett A. Martin, Jr.

I have reviewed the petition for a writ of habeas corpus, the motion to dismiss, and the prisoner’s reply, in the preparation of which he seems to have had assistance of counsel. I grant the motion to dismiss for the reasons stated in paragraphs 1-12 thereof and herein.

The prisoner alleges the Commonwealth failed to disclose exculpatory evidence and that he did not learn of the evidence until October 8, 2012. He argues that to apply the one year limitation of Code of Virginia § 8.01-654(A)(2) would violate the Suspension Clause of Article I, § 9, of the…