Robert Martin Barritt v. State of West Virginia

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of Robert Martin Barritt’s fifth petition for a writ of habeas corpus. The court held that an evidentiary hearing was unnecessary because the petition lacked adequate factual support and failed to establish probable cause for relief, declining to reach the res judicata issue.

Holdings

1. A habeas petition may be summarily denied without an evidentiary hearing when the petition and supporting materials lack adequate factual support and do not show probable cause for any ground for relief. Barritt's fifth petition met that standard.
2. Habeas rulings are reviewed under a three-part standard: abuse of discretion for the final order and ultimate disposition, clear error for underlying factual findings, and de novo review for questions of law.
3. The court did not need to decide whether res judicata barred the fifth petition because the petition was properly denied on the independent ground that it lacked probable cause and adequate factual support.

Questions Presented

1. Whether the circuit court properly denied Barritt's fifth habeas petition without an evidentiary hearing because the petition failed to establish probable cause or adequate factual support for any ground for relief.
2. Whether res judicata barred the fifth habeas petition despite the absence of an omnibus hearing in prior habeas proceedings.

Disposition

affirmed