State of West Virginia v. Langley

Summary

The Supreme Court of Appeals of West Virginia affirmed Jon Langley’s convictions and sentences for attempting to disarm a law enforcement officer, misdemeanor battery on a law enforcement officer, and obstruction. The court dismissed his ineffective-assistance claim as unsuitable for resolution on direct appeal because the record was insufficient, rejected his unpreserved juror-bias claim, and upheld the denial of substitute appointed counsel.

Holdings

1. Because the trial record was insufficient to determine whether counsel's conduct resulted from deficient performance or trial strategy, Langley's ineffective-assistance claim was not properly reviewable on direct appeal and was dismissed without prejudice to being reasserted in a habeas corpus proceeding.
2. Langley could not raise the juror-bias claim for the first time on direct appeal because he did not present the claim to the trial court or timely challenge the juror for cause before the jury was sworn.
3. The facts that the juror's aunt had worked for the Bureau of Prisons and was a court officer and that two cousins worked for the FBI, without more, did not demonstrate actual bias.
4. An indigent criminal defendant is not entitled to a particular appointed lawyer or a different appointed lawyer absent good cause, and Langley failed to establish good cause.
5. Langley had no right to a hearing on the motion to withdraw as appointed counsel because the applicable trial-court rule provides that the court may, rather than must, set the matter for hearing.

Questions Presented

1. Whether Langley's ineffective-assistance claim based on counsel's failure to question or challenge a juror was cognizable on direct appeal.
2. Whether Langley preserved a claim that the juror was biased by failing to raise the issue or object in the circuit court.
3. Whether the circuit court erred by denying Langley's request for different appointed counsel without a hearing.
4. Whether Langley was entitled to substitute appointed counsel or to require counsel to renew the withdrawal motion before the trial judge.

Disposition

affirmed