Andre M. Miller v. David Ballard, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Andre M. Miller’s petition for a writ of habeas corpus. Miller alleged ineffective assistance of trial counsel based on counsel’s failure to address his substance abuse history and file a Rule 35(b) motion, and argued that his sentence was disproportionate to those of his co-defendants. The court found no clear error or abuse of discretion and adopted the circuit court’s findings and conclusions.

Holdings

1. Miller was not entitled to habeas relief on his ineffective-assistance claims concerning counsel's handling of his substance-abuse history and failure to file a Rule 35(b) motion.
2. Miller was not entitled to habeas relief based on his contention that his sentence was disproportionate to those of his codefendants.
3. Miller was not entitled to habeas relief based on cumulative error.

Questions Presented

1. Whether Miller was entitled to habeas relief because trial counsel rendered ineffective assistance by failing to address his substance-abuse issues and failing to file a Rule 35(b) sentence-reduction motion.
2. Whether Miller's sentence was disproportionate compared with the sentences of his codefendants.
3. Whether cumulative error required habeas relief.

Disposition

affirmed