Morva v. Davis
Decision Date | 15 April 2015 |
Docket Number | Civil Action No. 7:13-cv-00283 |
Parties | WILLIAM CHARLES MORVA, Petitioner, v. KEITH W. DAVIS, Respondent. |
Court | U.S. District Court — Western District of Virginia |
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.
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. The jury based its decision on the following facts, as recited by the Supreme Court of Virginia:
Morva v. Commonwealth, 278 Va. 329, 335-37, 683 S.E.2d 553, 556-57 (2009).
During the sentencing phase of trial, the jury heard testimony from Dr. Bruce Cohen, a forensic psychiatrist, and Dr. Scott Bender, a neuropsychologist, both from the Institute of Law, Psychiatry, and Public Policy in Charlottesville, Virginia.1 After conducting numerous psychologicaltests, Dr. Bender identified two "DSM-IV Diagnostic Possibilities:" Somatoform Disorder NOS (not otherwise specified), which is an Axis-I disorder, and a Personality Disorder NOS (not otherwise specified) (Mixed Personality Disorder with Schizotypal, Narcissistic, Antisocial, and Paranoid Features), which is an Axis-II disorder.2 State Habeas Appendix ("SHA") Vol. 6, at 2486.3 Relying on documents, his own interviews, and Dr. Bender's determinations, Dr. Cohen concluded that "Morva's life story and overall clinical presentation are indicative of a diagnosis of schizotypal personality disorder." SHA Vol. 6, at 2467; Direct Appeal Joint Appendix ("Direct Appeal JA") at 2325. Dr. Cohen did not find that Morva's schizotypal personality disorder constituted an "extreme mental or emotional disturbance at the time of the offenses" or that it significantly impaired Morva's capacity "to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law[.]" SHA Vol. 6, at 2466; Direct Appeal JA at 2324-25, 2353; see, e.g., Va. Code Ann. § 19.2-264.3:1(A), (C). However, Dr. Cohen testified that Morva's schizotypal personality disorder served as a mitigating factor against imposing a death sentence. Direct Appeal JA at 2353-54.
After hearing substantial mitigation evidence, including testimony from Dr. Bender and Dr. Cohen, the jury recommended sentences of death for each of the three capital murder convictions and a total term of sixteen years' incarceration for the other convictions. The circuit court's August25, 2008 sentencing order imposed the jury's recommended sentences. Direct Appeal JA at 413-15.4 On appeal, the Supreme Court of Virginia affirmed the convictions and sentences, finding "no reversible error" and "no reason to set aside the sentences of death."5 Morva v. Commonwealth, 278 Va. at 355, 683 S.E.2d at 568.
Following the denial of the direct appeal, the circuit court appointed two licensed Virginia attorneys ("state habeas counsel"), who were specially qualified under Virginia Code § 19.2-163.7 to represent Morva in state habeas proceedings. On December 3, 2010, state habeas counsel filed a petition for a writ of habeas corpus and five volumes of appendices with the Supreme Court of Virginia.6 The Warden filed a motion to dismiss supported with exhibits, including affidavits, on January 4, 2011.
Between February 4, 2011, and April 3, 2013, Morva filed five motions for leave to supplement the record and one motion to amend the petition.7 During that same time, Morva alsopursued motions for discovery, for appointment of mental health experts, and for an evidentiary hearing to support the claims set forth in the petition and exhibits.8 On April 12, 2013, the Supreme Court of Virginia denied all of these motions, considered "[t]he exhibits contained in the [five] appendices . . . pursuant to the appropriate evidentiary rules[,]" and granted the Warden's motion to dismiss the habeas petition. Morva v. Warden of the Sussex I State Prison, 285 Va. 511, 525, 741 S.E.2d 781, 792 (2013).
Thereafter, Morva timely commenced this action with the assistance of new habeas counsel appointed by this court, and the court stayed Morva's execution pursuant to 28 U.S.C. § 2251(a)(3). The petition ripe for adjudication is Morva's second amended petition for a writ of habeas corpus prepared by counsel, Dkt. No. 111.9 Morva presents the following twelve claims in the instant petition:
To continue reading
Request your trial