Thomas E. Leftwich v. Jonathan Frame, Superintendent, Mt. Olive Correctional Facility and Jail

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Thomas E. Leftwich’s second petition for habeas corpus relief. The court held that his ineffective-assistance-of-habeas-counsel claim lacked sufficient factual specificity and that his remaining claims were barred by res judicata.

Holdings

1. A conclusory allegation that prior habeas counsel was ineffective, without detailed factual support identifying deficient performance and resulting prejudice, does not establish entitlement to habeas relief or require appointment of counsel or an evidentiary hearing.
2. Claims that were raised and fully adjudicated in a prior habeas proceeding are barred by res judicata in a subsequent habeas petition.
3. The circuit court did not abuse its discretion in denying Leftwich's second habeas petition.

Questions Presented

1. Whether the circuit court properly rejected Leftwich's claim that counsel in his first habeas proceeding was ineffective.
2. Whether res judicata barred the claims that Leftwich had previously raised or that had been fully adjudicated in his first habeas proceeding.
3. Whether the circuit court abused its discretion by denying the second habeas petition without appointing counsel or conducting an evidentiary hearing.

Disposition

affirmed