Ross Jenkins v. J.T. Binion, Superintendent, Huttonsville Correctional Facility

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Ross Jenkins’s fifth petition for a writ of habeas corpus. The court held that the circuit court properly denied the petition without a hearing or appointment of counsel, relying on res judicata and concluding that the petition established no entitlement to relief.

Holdings

1. A court with jurisdiction over habeas proceedings may deny a habeas petition without a hearing and without appointing counsel when the petition and supporting materials show that the petitioner is entitled to no relief.
2. A prior omnibus habeas corpus hearing is res judicata as to matters raised and matters known or discoverable through reasonable diligence, subject to the exception for ineffective assistance of counsel during the omnibus habeas hearing.
3. The circuit court did not abuse its discretion by denying Jenkins's fifth habeas petition without a hearing, and its order was affirmed.

Questions Presented

1. Whether the circuit court erred by denying Jenkins's fifth habeas petition without a hearing or appointment of counsel.
2. Whether Jenkins's claim alleging ineffective assistance of habeas counsel warranted relief despite the res judicata effect of the prior omnibus habeas proceeding.
3. Whether the circuit court abused its discretion in denying the fifth habeas petition.

Disposition

affirmed