State ex rel. Robert L. Adams v. Hon. Roger L. Perry, Judge, etc.; Robert L. Adams v. David Ballard, Warden

Summary

The West Virginia Supreme Court of Appeals consolidated a prohibition proceeding and an appeal arising from Robert L. Adams’s second state habeas corpus petition. The Court affirmed the dismissal without prejudice of the petition and the denial of appointed counsel and in forma pauperis status, concluding that the asserted grounds lacked adequate factual support and that prior adjudication barred one claim. The Court also denied the requested writ of prohibition, holding that the circuit court could require payment of a filing fee under West Virginia Code § 53-4A-4(a).

Holdings

1. A ground for habeas relief that was fully and finally adjudicated in a prior habeas proceeding is barred by res judicata in a subsequent habeas petition.
2. A circuit court may dismiss a habeas petition without prejudice under Rule 4(c) when the petition merely recites grounds for relief without adequate factual support.
3. The circuit court did not err in denying appointment of counsel when the second habeas petition was without merit.
4. West Virginia Code § 53-4A-4(a) permits the circuit court to determine a habeas petitioner's eligibility to proceed in forma pauperis before or in conjunction with deciding whether to appoint counsel; the court's finding that the petition's grounds were without merit adequately supported requiring payment of a filing fee.

Questions Presented

1. Whether the circuit court properly dismissed Adams's second habeas petition without prejudice because one ground was barred by res judicata and the other grounds lacked adequate factual support under Rule 4(c) of the West Virginia Rules Governing Post-Conviction Habeas Corpus Procedure.
2. Whether the circuit court abused its discretion by denying appointment of counsel after determining that the second habeas petition was without merit.
3. Whether the circuit court had authority under West Virginia Code § 53-4A-4(a) to determine Adams's eligibility to proceed in forma pauperis at the outset of the habeas case and require payment of a filing fee.
4. Whether prohibition should issue to prevent enforcement of the order requiring collection of the filing fee.

Disposition

other