Richard Booth, Jr. v. Karen Pszczolkowski

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Richard Booth, Jr.'s third petition for a writ of habeas corpus. The court rejected claims concerning ineffective assistance of counsel, diminished capacity, competency, expert funding, the absence of an omnibus hearing, and disproportionate sentencing. The court concluded that many claims were waived or previously adjudicated and that the remaining claims lacked merit.

Holdings

1. The circuit court did not err in impliedly denying funding for an expert because Booth waived the opportunity to present voluntary-intoxication and diminished-capacity defenses by pleading guilty and failed to show that expert assistance was necessary to establish habeas relief.
2. The circuit court did not err by denying the ineffective-assistance claims without conducting an omnibus hearing because a habeas court may deny a petition without a hearing or appointed counsel when the filings show that the petitioner is entitled to no relief.
3. Booth failed to establish that his sentence was unconstitutionally disproportionate because he did not show that he and the codefendant were similarly situated, and the Court's prior decision had already determined that his sentence was not disproportionate.

Questions Presented

1. Whether the circuit court erred by denying funding for an expert concerning Booth's alleged diminished capacity.
2. Whether the circuit court erred by denying Booth's ineffective-assistance claims without conducting an omnibus habeas hearing.
3. Whether Booth's eighty-year sentence was unconstitutionally disproportionate in light of a codefendant's modified sentence.

Disposition

affirmed