Jackie M. Martin v. Michael Martin, Acting Warden

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Jackie M. Martin’s amended second petition for a writ of habeas corpus. The court rejected claims of ineffective assistance by prior habeas counsel, concluding that the alibi evidence had been developed during the first habeas proceeding and that Martin could not establish prejudice. The court also held that the kidnapping-sentence claim was barred by res judicata and declined to address the second-degree robbery sentencing claim because Martin failed to support it with legal authority.

Holdings

1. Martin failed to establish ineffective assistance of prior habeas counsel because he did not show deficient performance or a reasonable probability that the outcome of the prior habeas proceeding would have been different.
2. The kidnapping-sentence claim was barred by res judicata because Martin had raised a similar claim in his first habeas proceeding and did not establish an applicable exception.
3. The court declined to address the claim because Martin cited no legal authority supporting it and therefore failed to comply with Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure.

Questions Presented

1. Whether Martin was denied effective assistance of prior habeas counsel based on counsel's alleged failure to develop and present additional evidence concerning his alibi defense.
2. Whether Martin's life sentence for kidnapping violated due process and the right to trial by jury because bodily harm was not alleged or found beyond a reasonable doubt.
3. Whether Martin's corrected five-to-eighteen-year sentence for second-degree robbery was unconstitutional because he was not charged or indicted for second-degree robbery.

Disposition

affirmed