Henry S. v. Donnie Ames

Summary

The Supreme Court of Appeals of West Virginia affirmed the Circuit Court of Clay County’s denial of Henry S.’s petition for a writ of habeas corpus. The petitioner alleged ineffective assistance of trial counsel concerning communication, discovery, investigation, plea advice, coercion, and post-sentencing representation. The court held that the petitioner failed to establish prejudice under the Strickland/Miller standard because he did not show a reasonable probability that, absent counsel’s alleged errors, he would have rejected the plea and proceeded to trial.

Holdings

1. Petitioner was not entitled to habeas relief because he failed to show a reasonable probability that, but for trial counsel's alleged errors, he would not have entered the plea and would have insisted on going to trial.
2. The Supreme Court of Appeals affirmed the circuit court's denial of habeas relief after applying abuse-of-discretion review to the ultimate disposition, clear-error review to factual findings, and de novo review to legal questions.

Questions Presented

1. Whether the circuit court erred in denying habeas relief based on petitioner's claims that trial counsel rendered ineffective assistance.
2. Whether petitioner established the prejudice prong of the Strickland/Miller test by showing a reasonable probability that, but for counsel's alleged errors, he would not have pleaded guilty and would have insisted on going to trial.

Disposition

affirmed