Ruben C. v. J.T. Binion, Superintendent, Huttonsville Correctional Center

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Ruben C.'s second petition for post-conviction habeas corpus relief. The court held that his claims concerning the trial court's handling of the victim's Fifth Amendment rights were previously adjudicated or waived, and that his ineffective-assistance-of-trial-counsel claim was barred because it was not raised in his first habeas proceeding. The court also upheld the denial of an omnibus evidentiary hearing.

Holdings

1. The circuit court did not err in denying the second habeas petition without an omnibus evidentiary hearing because petitioner's challenge to the trial court's handling of the victim's Fifth Amendment rights had already been fully adjudicated and the record showed that petitioner was entitled to no relief.
2. Petitioner's ineffective-assistance-of-trial-counsel claim was barred because he failed to raise it in his first habeas proceeding and had waived it under the governing habeas-relitigation rules.
3. Petitioner was not entitled to relief on his claim that trial counsel should have objected to the trial court's handling of the victim's Fifth Amendment rights because the claim was waived and barred by res judicata.

Questions Presented

1. Whether the circuit court erred by denying petitioner's second habeas petition without an omnibus evidentiary hearing concerning the trial court's handling of the victim's Fifth Amendment rights.
2. Whether petitioner could obtain review of an ineffective-assistance-of-trial-counsel claim that was not raised in his first habeas proceeding.
3. Whether petitioner was entitled to relief based on trial counsel's failure to object to the trial court's advice to the victim regarding her Fifth Amendment rights.

Disposition

affirmed