VIRGINIA:
In the Supreme Court of Virginia held at the Supreme Court
Building in the City of Richmond, on Friday, the 8th day of June,
2012.
PRESENT: All the Justices
Walter Delaney Booker, Jr., Petitioner,
against Record No. 111363
Director of the Department
of Corrections, Respondent.
Upon a Petition for a Writ of Habeas Corpus
Upon consideration of the petition for a writ of habeas corpus
filed July 27, 2011, and the respondent’s motion to dismiss, the
Court is of the opinion that the motion should be granted and the
writ should not issue.
Petitioner is detained pursuant to an order entered in the
Circuit Court of the City of Portsmouth on June 16, 2009, wherein
the court revoked petitioner's previously suspended sentences for
two convictions, and re-suspended all but six years on each
sentence to be served concurrently. Petitioner's appeal to the
Court of Appeals of Virginia was unsuccessful, and this Court
refused petitioner's appeal on August 6, 2010. Petitioner now
challenges the legality of his confinement pursuant to the
revocation of his previously suspended sentences.
On consideration of the petition for a writ of habeas corpus,
the Court finds the petition was not timely filed and dismisses the
petition. The limitation period for habeas corpus petitions
challenging revocation hearings is one year after the cause of
action accrues. Code § 8.01-654(A)(2). Petitioner's cause of
action accrued in this matter on June 16, 2009, when the circuit
court entered the order under which petitioner is currently
detained. Thus, petitioner had until June 16, 2010 in which to
file a petition for a writ of habeas corpus.
Accordingly, the rule is discharged and the respondent shall
recover from the petitioner the costs expended in his defense
herein.
This order shall be published in the Virginia Reports.
Respondent’s costs:
Attorney’s fee $50.00
A Copy,
Teste:
Patricia L. Harrington, Clerk
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