Brandon Rice v. Marvin Plumley, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Brandon Rice’s petition for a writ of habeas corpus. Rice argued ineffective assistance of counsel, lack of a factual basis for his voluntary manslaughter plea, involuntariness, and failure to receive the case record. The court held that the record established a factual basis for the Kennedy plea and that the circuit court did not abuse its discretion.

Holdings

1. The circuit court did not abuse its discretion in denying Rice's petition for a writ of habeas corpus.
2. The appendix record established a factual basis for Rice's guilty plea and conviction, including evidence that the victim's death resulted from the injuries sustained in the altercation.
3. Rice failed to establish a defect in counsel's performance sufficient to warrant habeas relief.

Questions Presented

1. Whether the circuit court erred in denying habeas relief on Rice's ineffective-assistance-of-counsel claim.
2. Whether the record established a factual basis for Rice's guilty plea and conviction for voluntary manslaughter.
3. Whether Rice's claim that pre-existing injuries and alcoholism caused the victim's death entitled him to habeas relief or deprived the circuit court of jurisdiction.
4. Whether Rice was entitled to relief based on his assertion that he had not received a copy of the case record.

Disposition

affirmed