Kevin Scott Jordan v. David Ballard, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Kevin Scott Jordan’s amended petition for habeas corpus relief. The court rejected his challenges to convictions for forgery of public records, the jury instructions, and the effectiveness of trial counsel concerning a plea offer.

Holdings

1. The circuit court did not improperly interpret West Virginia Code §§ 61-4-1 and 61-4-5 in denying habeas relief.
2. The jury instruction stating that signing a fingerprint card with a false name was sufficient to constitute the counterfeit production of a public record, certificate, return, or attestation of a public officer properly followed the relevant statutory language.
3. Jordan did not establish ineffective assistance of counsel based on counsel's handling of the plea offer.
4. The circuit court did not abuse its discretion in denying Jordan's amended petition for a writ of habeas corpus.

Questions Presented

1. Whether West Virginia Code §§ 61-4-1 and 61-4-5 create separate and distinct forgery offenses.
2. Whether a fingerprint card signed with a false name can constitute the counterfeit production of a public record, certificate, return, or attestation of a public officer under West Virginia Code § 61-4-1.
3. Whether the indictment was defective for failing to allege how a fingerprint card qualified as a public record, certificate, return, or attestation of a court or officer.
4. Whether the jury instruction correctly tracked the applicable forgery statute.
5. Whether trial counsel provided ineffective assistance by failing to adequately communicate or advise Jordan regarding the State's plea offer.

Disposition

affirmed