Jack J. v. Karen Pszczolkowski, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the Ohio County Circuit Court’s dismissal of Jack J.’s habeas corpus petition and denial of his request for an evidentiary hearing. The court rejected claims concerning ineffective assistance of counsel, juror bias, sentencing, evidentiary issues, speedy trial, and other alleged trial and constitutional errors, adopting the circuit court’s findings and conclusions.

Holdings

1. The 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 circuit court did not commit clear error or abuse its discretion in dismissing the petition and denying the requested evidentiary hearing; the orders are affirmed.

Questions Presented

1. Whether the circuit court erred in dismissing Jack J.'s petition for post-conviction habeas corpus relief.
2. Whether the circuit court erred in denying Jack J.'s notification of a remaining claim and request for an evidentiary hearing.
3. What standard governs appellate review of a circuit court's order denying habeas corpus relief.

Disposition

affirmed