VIRGINIA: IN THE CIRCUIT COURT OF HALIFAX COUNTY DIANTE LEQUAN WOMACK, Petitioner, v Civil Case No, CL22000585-00 HAROLD W. CLARKE, DIRECTOR, DEPARTMENT OF CORRECTIONS Respondent. ORDER GRANTING HABEAS PETITION |AND VACATING CONVICTION ‘This matter is before the Court on the Petitiontr’s Petition for Writ of Habeas Corpus and ‘the Respondent's Motion to Dismiss the Petition, file on July 8, 2022, and September 23, 2022, respectively. The Court held oral argument on fent’s Motion to Dismiss on January 6, 2023, Upon consideration of the pleadings and the arguments made by counsel, and for the reasons set forth in the Court's January 30, 2023, Letter Opinion, hereby incorporated and establishing findings of fact and conclusions of law as required by Virginia Code §8.01-654 (8)(5), and pursuant to her authority under Virginia Code § 8.01-662, the Court heret DENIES Respondent’s Motion to Dismiss as to Claims One and Two of the Petition and GRANTS Respondent's Motion to Dismiss as to Claims Three and Four of the Petition; GRANTS Petitioner's Petition for Habeas Corpus; VACATES Petitioner's 2018 conviction and sentence in Halifax Circuit Court Case No. 18000129-00; DISCHARGES the Petitioner ftom custody; and ORDERS that if the Petitioner is to be retried on this matter, that notice be given to him by the Commonwealth's Attomey for Pittsylvania County, or their designee, within sixty (60) days of the entryof this order. ‘The Clerk is hereby DIRECTED to send a copy of this order to the Petitioner, the Respondent, and the Commonwealth's Attomey for Pittsylvania County maw Gore tar EN Hon. James William Watson Jt.Seen and agreed as to Claims | and 2; seen and objected to as to Claims 3 and 4 for reasons stated in Petitioner’s Petition for Writ of Habeas Corpus and argued before this Court on January 6, (906 0. om Doug Ramseur, Esq., VSB No. 40275 Emilee M, Hasbrouck, Esq., VSB 78566 ‘The Ram Law Firm, PLLC 7202 Glen Forest Drive, Suite 306 Richmond, VA 23226 “Tel: (804) 404-2654 Fax: (804) 597-6306 Ram@theramfirm.com Hasbrouck @theramfirm.com Counsel for Petitioner Diante Lequan Womack Seen and objected to for the reasons stated in the Respondent's motion to dismiss and argued before this Court on January 6, 2023. Further, the Respondent objects to this Court's finding regarding structural error, its finding in the alternative that the Petitioner has sufficiently demonstrated prejudice as a result of the ineffective assistance of his trial counsel, and this, Court’s implicit finding that the Petitioner has sufficiently demonstrated his trial counsel's performance was deficient. John W. Beamer, VSB No. 93383, Assistant Attorney General Office of the Attorney General 202 North Ninth Street Richmond, VA 23219 Tel: (540) 642-2663 Fax: (804) 371-0151 Jbeamer@oag state.va.us Counsel for Respondent