Brian E. Ashcraft v. David Ballard, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Brian E. Ashcraft’s second petition for a writ of habeas corpus. Ashcraft alleged that prior habeas counsel was ineffective for failing to raise certain grounds, subpoena necessary witnesses, and use expert testimony. The court found no clear error or abuse of discretion and adopted the circuit court’s findings and conclusions.

Holdings

1. Ashcraft was not entitled to post-conviction habeas relief based on his allegations that prior habeas counsel failed to pursue additional grounds, subpoena witnesses, and use expert testimony.
2. The circuit court did not clearly err or abuse its discretion in denying Ashcraft's second petition for a writ of habeas corpus, and its order was affirmed.

Questions Presented

1. Whether Ashcraft was entitled to post-conviction habeas relief based on alleged ineffective assistance of prior habeas counsel.
2. Whether the circuit court clearly erred or abused its discretion in denying the second habeas petition.

Disposition

affirmed