William J. v. Ralph Terry, Acting Warden

Summary

The Supreme Court of Appeals of West Virginia affirmed the dismissal of William J.'s fifth petition for a writ of habeas corpus. The court held that his claims concerning ineffective assistance by prior habeas counsel, newly discovered evidence, and alleged unreliability of former serologist Fred Zain's testimony had been previously adjudicated, waived, or did not qualify for an exception to res judicata. The court also denied his motion for appointment of appellate counsel.

Holdings

1. The claim that Zain counsel was deficient in failing to obtain appropriate testing was previously and finally adjudicated or waived and therefore did not qualify for the ineffective-assistance exception permitting a successive habeas petition.
2. The petitioner's claims concerning a 1985 internal investigation of Fred Zain and the reliability of Zain's hair-comparison testimony were not newly discovered evidence supporting a successive petition because the claims had previously been raised and the relevant information had already been addressed in prior proceedings.
3. The petitioner's reliance on Chambers v. Ballard did not satisfy the favorable-change-in-law exception because Chambers merely restated the existing rule from Losh and did not announce a favorable change in law applicable retroactively.
4. The circuit court did not abuse its discretion by dismissing the fifth habeas petition because the asserted grounds were Zain issues that had been fully and finally litigated or waived.

Questions Presented

1. Whether the petitioner's fifth habeas petition was barred by res judicata because the asserted Zain-related claims had previously been litigated or waived.
2. Whether the petitioner could pursue a successive habeas petition based on alleged ineffective assistance by prior habeas counsel, newly discovered evidence, or a favorable change in the law.
3. Whether the circuit court abused its discretion by dismissing the petition and denying appointment of appellate counsel.

Disposition

affirmed