Norfleet v. Booker
1:18-cv-01168
E.D. Va.Jul 26, 2019Background
- In December 2012 Norfleet and two codefendants planned to steal drugs from William Jordan; Norfleet allegedly forced entry armed with a pistol, gunfire was exchanged, and Jordan died of a gunshot wound. Co-defendants Bason and Lassiter pleaded guilty and testified against Norfleet.
- In April 2015 a jury convicted Norfleet of first-degree murder, attempted robbery, statutory burglary while armed, use of a firearm during those felonies, conspiracy to commit robbery, and unlawfully wounding — total consecutive sentence 57 years.
- The Virginia Court of Appeals affirmed the convictions on direct appeal; the Virginia Supreme Court refused further review.
- Norfleet filed a state habeas petition alleging 14 ineffective-assistance-of-counsel claims and actual-innocence based on a co‑defendant’s later recantation; the Virginia Supreme Court denied relief.
- Norfleet filed a federal § 2254 petition repeating the same claims. The Warden moved to dismiss; Norfleet did not file a response. The district court applied AEDPA deference and denied relief, granting the Motion to Dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to object to prosecutor statements in opening/closing | Norfleet: counsel should have objected to inflammatory or bolstering/misstatement remarks; failing to object was deficient and prejudicial | Warden: counsel reasonably declined to object for tactical/contextual reasons; evidence of guilt was overwhelming so no prejudice | Court: State court reasonably applied Strickland; counsel not constitutionally deficient and no prejudice shown |
| Ineffective assistance — failure to object to prosecutor’s witness questioning (leading, asked/answered, etc.) | Norfleet: counsel should have objected to leading, repetitive, or improper questions and sought curative instructions | Warden: Norfleet failed to identify specific prejudicial questions or resulting harmful testimony; counsel’s on-the-fly choices reasonable | Court: State court reasonably denied these claims under Strickland; tactical choices entitled to deference |
| Ineffective assistance — failure to move to set aside verdict at sentencing after judge’s remark | Norfleet: trial judge said "I don't think the evidence was beyond a reasonable doubt" so counsel should have moved to set aside verdict | Warden: judge’s fuller remarks show he meant the opposite and was convinced of guilt; no valid basis to set aside verdict | Court: State court reasonably concluded judge misspoke in isolation; counsel not ineffective |
| Sufficiency of the evidence / Actual innocence (recantation) | Norfleet: Commonwealth witnesses were inconsistent or later recanted (Eason affidavit), so evidence insufficient and he is actually innocent | Warden: witness testimony at trial (Eason, Lassiter) provided a consistent account supporting guilt; state habeas is not the proper forum for freestanding innocence claim; Virginia procedures available | Court: Jackson standard applied; appellate/state-court findings were reasonable — evidence sufficient; actual-innocence claim not a basis for federal habeas relief here and state remedy remains available |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part deficiency and prejudice test for ineffective assistance)
- Harrington v. Richter, 562 U.S. 86 (2011) (doubly deferential review when Strickland and AEDPA both apply)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Herrera v. Collins, 506 U.S. 390 (1993) (discussion of freestanding actual-innocence claims and limits on habeas relief)