This is a 2007 habeas petition by a convicted spousal abuser, it is denied. A weird quirk of this story is the presence of an unidentified person in ninja clothing.

ROBERT EDWARD PATTERSON, Petitioner,
v.
GENE M. JOHNSON, DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA, ROANOKE DIVISION
Civil Action No. 7:07CV00344
2007 U.S. Dist. LEXIS 65873

Decided September 6, 2007, opinion by District Judge Jackson L. Kiser dismissed the habeas petition:

Petitioner Robert Edward Patterson (“Patterson”), a Virginia Department of Corrections inmate proceeding pro se, brings this action for writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Respondent filed a Motion to Dismiss, pursuant to Rule 5 of the Rules Governing Section 2254 Cases, to which Patterson filed a timely response, making the matter ripe for disposition. Upon careful review of the extensive state court records and the pleadings and exhibits submitted by the parties, I conclude that Respondent’s Motion to Dismiss must be granted.

Tina Patterson (“Tina”) and Patterson married in June of 2000.

On June 5, 2002, Tina obtained a protective order prohibiting Patterson from having any contact with her, including that he not call, write, follow, stalk, or harass her. The order was to remain in effect for two years.

On July 15, 2002, at about 11:00 p.m., Tina returned home after visiting and drinking a beer with a friend. She later heard suspicious noises outside her home. Tina called her friends June Gerholdt (“Gerholdt”) and Gene Barnett (“Barnett”) to report what she had heard. When Tina went outside to investigate the noises, she saw a man in a black “Ninja-looking suit.” Tina turned around, and was struck in the face by Patterson with both his fist and an Igloo cooler. The person in the “Ninja” clothing ran away and disappeared. Patterson continued to strike Tina in the head and mouth, causing her injuries.

Patterson was ultimately convicted in the Circuit Court of Amherst County upon convictions of spousal rape, abduction, and two counts of violating a protective order (Circuit Court Case Nos. CR02011612-01; CR02011612-02; CR02011541 and CR02011590-00). On December 14, 2001, he was sentenced to a total term of thirty years and twenty-four months, with fifteen years suspended.

The facts do not make clear who that person in Ninja clothing was. The defendant claims he has been framed by his (ex)wife, that the sex was consensual and that she’s trying to punish him for claims he brought against her. Other elements of the wife’s story were corroborated by physical evidence at the scene, the jury obviously believed her, and this district court finds no reason to overturn the conviction.

Appeal denied February 2008, writ of cert denied Oct 2008.

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