Thomas A. Grantham, Jr. v. J.T. Binion, Superintendent

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Thomas A. Grantham, Jr.'s second petition for a writ of habeas corpus. The court held that the claims were fully and finally adjudicated or waived in prior proceedings and that res judicata barred the successive petition.

Holdings

1. The doctrine of res judicata barred Grantham's second habeas petition because the claims raised in it had been fully and finally adjudicated and/or waived in his direct criminal appeal or first habeas proceeding.
2. The ineffective-assistance claim was previously and finally adjudicated in Grantham II even though the circuit court did not hold an evidentiary hearing on that claim.

Questions Presented

1. Whether res judicata and the successive-petition doctrine barred Grantham's second state habeas petition because the claims had been fully and finally adjudicated or waived in his direct appeal and first habeas proceeding.
2. Whether Grantham's ineffective-assistance claim remained unadjudicated because the circuit court did not hold an evidentiary hearing on that claim in the first habeas proceeding.

Disposition

affirmed