habeas hearing in West Virginia

2020Undersigned counsel does not have the benefit of knowing whether defense counsel spoke to Ms. Matthew’s [sic] about this issue and discovered whether it would be helpful or not.” Petitioner also stated that 2 In Zain III, this Court held that a prisoner convicted between 1979 and 1999 could institute a successive habeas proceeding on the issue of the serology evidence, despite having previously brought a prior habeas challenge to the same serology evidence. 219 W.

2017In support of this claim, petitioner argues that, at the habeas hearing, Trooper Myers failed to definitively state that he did not provide false evidence at petitioner’s trial; that, according to a report cited in Zain III, Trooper Myers, an assistant to Zain, was one of the serologists who reported and testified to “nonexistent serology testing;” and that Myers’s denial at petitioner’s habeas hearing that he has read any of the Zain opinions issued by this Court is simply not believable and is, instead, proceeding would be whether the evidence presented at or prior to trial or prior to the e

2022Va. 762 , 277 S.E.2d 606 (1981), we found that the assertion 2 The appellate record contains discharge summaries from Highland Hospital detailing petitioner’s mental health issues during 2001 and 2004; the transcript of the May 18, 2017, evidentiary hearing following this Court’s remand of petitioner’s second habeas proceeding in Sherrod II; the circuit court’s July 31, 2017, order denying petitioner’s amended petition that this Court affirmed in Sherrod III; an August 2, 2019, letter from the adult probation department of the Thirteenth Judicial Circuit, stating that a presentence investigati

2022Va. 762 , 277 S.E.2d 606 (1981), we found that the assertion 2 The appellate record contains discharge summaries from Highland Hospital detailing petitioner’s mental health issues during 2001 and 2004; the transcript of the May 18, 2017, evidentiary hearing following this Court’s remand of petitioner’s second habeas proceeding in Sherrod II; the circuit court’s July 31, 2017, order denying petitioner’s amended petition that this Court affirmed in Sherrod III; an August 2, 2019, letter from the adult probation department of the Thirteenth Judicial Circuit, stating that a presentence investigati

2018See 6 At the habeas hearing, respondent’s trial counsel testified that she was “not aware of any violence associated” with the grand larceny conviction; regarding the conviction of attempting to operate a clandestine meth lab, trial counsel testified that there was no trial testimony regarding whether the crime was violent in nature or whether there was any violence associated with it. 7 See State v. Davis, 189 W.

2018Va. 59, 62 , 427 S.E.2d 754, 757 (1993) (finding that, regarding the predicate felony of grand larceny by receiving stolen property conviction, “there was no indication that the defendant used or threatened to use violence” and the other predicate crime, breaking and entering of a business at night, like the triggering felony, occurred in a building that was closed and where no one other than the defendant was present.

2008Gillespie testified that he then joined an organization known as the Aryan Brotherhood. [4] We note that, during the habeas hearing and in this appeal, Defendant's counsel indicated that, in fact, there was a conspiracy to murder Lehman but that Defendant was not a part of it. [5] These witnesses were William Wayne, Tony Kile, Robert Shepherd and Michael Kidwiler. [6] We note that Morgan pled guilty to the conspiracy charge in an "Alford plea." See Coleman v. Painter, 215 W.Va. 592 , 597 n. 8, 600 S.E.2d 304 , 309 n. 8 (2004) ("In an `Alford plea,' a criminal defendant pleads guilty while proc

2008Gillespie testified that he then joined an organization known as the Aryan Brotherhood. [4] We note that, during the habeas hearing and in this appeal, Defendant's counsel indicated that, in fact, there was a conspiracy to murder Lehman but that Defendant was not a part of it. [5] These witnesses were William Wayne, Tony Kile, Robert Shepherd and Michael Kidwiler. [6] We note that Morgan pled guilty to the conspiracy charge in an "Alford plea." See Coleman v. Painter, 215 W.Va. 592 , 597 n. 8, 600 S.E.2d 304 , 309 n. 8 (2004) ("In an `Alford plea,' a criminal defendant pleads guilty while proc

1995See U.S. v. Smith, 62 F.3d 641, 649 (4th Cir.1995) (suggesting that post-trial challenges to matters not appearing on the record are governed by the same standard whether raised in a motion for a new trial or on a habeas claim). 19 .Lockhart makes clear that while the deficient performance prong of the Strickland/Miller test requires an assessment of counsel’s performance from a perspective contemporaneous with the time of trial, "the prejudice prong could be evaluated from a hindsight perspective.