William G. v. David Ballard, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of William G.'s petition for post-conviction habeas corpus relief. The court held that the missing sentencing transcript did not warrant relief because the request was untimely and the petitioner failed to establish prejudice. The court also rejected his ineffective-assistance claims, concluding that counsel's performance did not satisfy the applicable Strickland/Miller standard.

Holdings

1. The loss of a sentencing-hearing transcript does not automatically entitle a criminal defendant to habeas relief; relief requires a timely request and affirmative proof of prejudice. Petitioner failed to make a timely request for the sentencing transcript and failed to establish prejudice from its loss.
2. Petitioner failed to establish ineffective assistance of counsel because he did not show a reasonable probability that counsel's alleged failures concerning psychiatric evidence, treatment planning, or sentencing advocacy changed the outcome of sentencing or reconsideration.

Questions Presented

1. Whether the loss of the sentencing-hearing transcript, despite petitioner's later requests for it, entitled him to state habeas corpus relief.
2. Whether trial counsel and counsel for the motion for reconsideration provided ineffective assistance by failing to obtain or present additional psychiatric and treatment-plan evidence and by failing to properly advocate for probation or another alternative sentence.

Disposition

affirmed