Randall Jeffrey L. v. Marvin Plumley, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Randall Jeffrey L.'s second petition for post-conviction habeas corpus relief. The court rejected his claim that his first habeas counsel was ineffective for failing to raise alleged deficiencies by trial counsel and adopted the circuit court's findings and conclusions.

Holdings

1. The court reviews the final habeas order and ultimate disposition for abuse of discretion, underlying factual findings for clear error, and questions of law de novo.
2. Petitioner failed to establish that his prior habeas counsel provided ineffective assistance warranting post-conviction relief.

Questions Presented

1. Whether the circuit court erred in finding that petitioner's first post-conviction habeas counsel was not ineffective.
2. Whether the circuit court abused its discretion or committed legal error in denying petitioner's second petition for post-conviction habeas corpus relief.

Disposition

affirmed