Larry B. v. David Ballard, Warden

Summary

The West Virginia Supreme Court of Appeals affirmed the Mercer County Circuit Court’s denial of Larry B.’s petition for a writ of habeas corpus. The court rejected claims of ineffective assistance of trial counsel and an involuntary guilty plea, adopting the circuit court’s findings and conclusions.

Holdings

1. An appellate court reviews the final order and ultimate disposition for abuse of discretion, underlying factual findings for clear error, and questions of law de novo.
2. The petitioner was not entitled to habeas relief based on his ineffective-assistance claim because the record and circuit court's order disclosed no clear error or abuse of discretion.
3. The petitioner was not entitled to habeas relief based on his claim that his guilty plea was not knowingly, intelligently, and voluntarily made.

Questions Presented

1. Whether the circuit court erred in denying habeas relief based on alleged ineffective assistance of trial counsel.
2. Whether the circuit court erred in denying habeas relief based on the claim that the guilty plea was not knowingly, intelligently, and voluntarily entered.

Disposition

affirmed