Christopher Chapman v. David Ballard

Chapman · Supreme Court of Appeals of West Virginia · October 28, 2013 · No. 13-0084

Summary

The Supreme Court of Appeals of West Virginia affirmed the summary dismissal of Christopher Chapman’s habeas corpus petition challenging his conviction and sentence for receiving stolen goods. The court held that the plea and sentencing transcript sufficiently addressed Chapman’s ineffective-assistance allegations and supported denying an evidentiary hearing and appointment of counsel.

Holdings

  1. An evidentiary hearing was not required because the plea and sentencing transcript and the existing record were sufficient to resolve Chapman's claim and showed that he was entitled to no habeas relief.
  2. The circuit court did not abuse its discretion by declining to appoint counsel because the petition and record adequately presented the issues and established that the petitioner was not entitled to relief.
  3. The record did not establish constitutionally ineffective assistance because the plea and sentencing court clearly advised Chapman that he was pleading guilty to a felony and that the sentence would be consecutive, and Chapman knowingly proceeded and waived relevant rights.

Questions Presented

  1. Whether the circuit court erred by summarily dismissing Chapman's habeas petition without an evidentiary hearing.
  2. Whether the circuit court erred by refusing to appoint counsel for the habeas proceeding.
  3. Whether the record supported Chapman's claim that trial counsel rendered ineffective assistance by misadvising him about the charge and sentence.

Disposition

affirmed

Cases Cited (4)

  • Mathena v. Haines, 219 W.Va. 417, 633 S.E.2d 771 (2006)(applied)
  • Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1973)(applied)
  • Strickland v. Washington, 466 U.S. 668 (1984)(applied)
  • State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995)(applied)

Cited In (0)

No citing cases on record yet.

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