Clarence S. v. David Ballard, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the summary denial of Clarence S.’s petition for a writ of habeas corpus. The court held that the circuit court did not abuse its discretion in denying relief without an evidentiary hearing or appointment of counsel, adopting the circuit court’s findings concerning ineffective assistance of counsel, newly discovered evidence, witness coaching, sentencing, and the indictment.

Holdings

1. A court with jurisdiction over a habeas proceeding may deny the petition without a hearing and without appointing counsel when the petition, exhibits, affidavits, or other documentary evidence show that the petitioner is entitled to no relief; the circuit court therefore did not abuse its discretion in summarily denying this petition.
2. The final order and ultimate disposition in a habeas corpus action are reviewed for abuse of discretion, underlying factual findings for clear error, and questions of law de novo.

Questions Presented

1. Whether the circuit court abused its discretion by summarily denying the habeas petition without an evidentiary hearing or appointment of counsel.
2. Whether the petitioner's claims of ineffective assistance of counsel, newly discovered evidence, witness coaching, sentencing error, and defective indictment required habeas relief or further proceedings.

Disposition

affirmed