Roynal Lee Walker v. Ralph Terry, Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the Berkeley County Circuit Court’s summary denial of Roynal Lee Walker’s third habeas corpus petition. The court held that Walker’s allegations of ineffective assistance of habeas counsel lacked sufficient supporting factual detail to warrant appointment of counsel or an evidentiary hearing.

Holdings

1. A court with jurisdiction over habeas proceedings may deny a petition without a hearing and without appointing counsel when the petition, exhibits, affidavits, or other documentary evidence demonstrate that the petitioner is entitled to no relief.
2. A mere recitation of enumerated habeas grounds without detailed factual support does not justify issuance of a writ, appointment of counsel, or an evidentiary hearing.
3. The circuit court did not abuse its discretion in denying Walker's third habeas petition without appointing counsel or holding a hearing.

Questions Presented

1. Whether the circuit court properly denied Walker's third habeas petition without appointing counsel or holding an evidentiary hearing.
2. Whether Walker's conclusory allegations of ineffective assistance of habeas counsel provided sufficient factual support to warrant habeas relief.

Disposition

affirmed