Bobby Ross II v. Marvin Plumley, Warden

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Bobby Ross II’s habeas corpus petition challenging his 100-year sentence for attempted aggravated robbery as unconstitutionally disproportionate. The court held that the proportionality issue had been fully and fairly litigated in the petitioner’s direct appeal and that he identified no new retroactively applicable substantive or procedural standard warranting reconsideration.

Holdings

1. A habeas petitioner is not entitled to a second review of the constitutionality of a sentence when the issue was fully and fairly litigated previously and the petitioner identifies no new substantive or procedural criminal-law standard intended to apply retroactively.

Questions Presented

1. Whether petitioner was entitled to renewed habeas review of the constitutional proportionality of his 100-year sentence for attempted aggravated robbery after the issue had been fully and fairly litigated on direct appeal.
2. Whether petitioner identified a subsequent court decision imposing a new substantive or procedural criminal-law standard intended to apply retroactively, thereby permitting relitigation of the previously adjudicated sentencing claim.

Disposition

affirmed