ineffective assistance of counsel claim in West Virginia

2023This Court may then have a fully developed record on this issue upon which to more thoroughly review an ineffective assistance of counsel claim.” Syllabus Point 10, State v. Triplett, 187 W.

2022This Court may then have a fully developed record on this issue upon which to more thoroughly review an ineffective assistance of counsel claim. 26 Syl. pt. 10, State v. Triplett, 187 W.

2021The standards for evaluating an ineffective assistance of counsel claim are as follows: “In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984): (1) Counsel’s performance was deficient under an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” Syllabus Point 5, State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (

2021The standards for evaluating an ineffective assistance of counsel claim are as follows: “In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984): (1) Counsel’s performance was deficient under an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” Syllabus Point 5, State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (

2013Vernatter v. Warden, 207 W.Va. 11 , 528 S.E.2d 207 (1999): “An ineffective assistance of counsel claim presents a mixed question of law and fact; we review the circuit court’s findings of historical fact for clear error and its legal conclusions de novo.

2013Va. 11 , 528 S.E.2d 207 (1999): “An ineffective assistance of counsel claim presents a mixed question of law and fact; we review the circuit court’s findings of historical fact for clear error and its legal conclusions de novo.

2014Pt. 4, State v. Frye, 221 W.Va. 154 , 650 S.E.2d 574 (2006) (holding that where the decision on direct appeal does not contain any ruling on the merits of an ineffective assistance of counsel claim, an incarcerated individual is not prohibited from seeking habeas relief on the issue).

2014Pt. 4, State v. Frye, 221 W.Va. 154 , 650 S.E.2d 574 (2006) (holding that where the decision on direct appeal does not contain any ruling on the merits of an ineffective assistance of counsel claim, an incarcerated individual is not prohibited from seeking habeas relief on the issue).

1990In the words of Syllabus Point 21 of State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974), "no reasonably qualified defense attorney would have so acted in the defense of an accused." [37] I am at a loss to account for the majority's glossing over of the ineffective assistance of counsel claim.

1990In the words of Syllabus Point 21 of State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974), "no reasonably qualified defense attorney would have so acted in the defense of an accused." [37] I am at a loss to account for the majority's glossing over of the ineffective assistance of counsel claim.

2018“Without any findings whatsoever, this Court can exercise no meaningful review, and is compelled to order a hearing.” Watson, 200 W.Va. at 205 , 488 S.E.2d at 479-80 .

2018With regard to the ineffective assistance of counsel claim, we reiterated in Watson that “[t]hose issues, such as incompetency of counsel, of which [the petitioner] would have been unaware at trial, must be litigated in a collateral proceeding.” Id. (quoting Losh v. McKenzie, 166 W.Va. 762, 767 , 277 S.E.2d 606, 610 (1981)).

2018Nazelrod v. Hun, 199 W.Va. 582 , 486 S.E.2d 322 (1997), our decision in that case was predicated on the finding that “[a]n examination of the ineffective assistance of counsel claim requires an examination of facts not developed in the appellant’s trial transcript.” Id. at 584 , 486 S.E.2d at 324 .

2018Nazelrod v. Hun, 199 W.Va. 582 , 486 S.E.2d 322 (1997), our decision in that case was predicated on the finding that “[a]n examination of the ineffective assistance of counsel claim requires an examination of facts not developed in the appellant’s trial transcript.” Id. at 584 , 486 S.E.2d at 324 .

2015In addressing Mr. Padilla’s post-conviction challenge based on an ineffective assistance of counsel claim, the Padilla Court observed that the changes to the immigration law in this country have “dramatically raised the stakes of a noncitizen’s criminal conviction,” and that the “importance of accurate legal advice for noncitizens accused of crimes has never been more important.” Id. at 364 , 130 S.Ct. 1473 .

2015In addressing Mr. Padilla’s post-conviction challenge based on an ineffective assistance of counsel claim, the Padilla Court observed that the changes to the immigration law in this country have “dramatically raised the stakes of a noncitizen’s criminal conviction,” and that the “importance of accurate legal advice for noncitizens accused of crimes has never been more important.” Id. at 364 , 130 S.Ct. 1473 .

2021Va. 192, 203 , 691 S.E.2d 183, 194 (2010) (quoting Cuyler v. Sullivan, 446 U.S. 335 , 349–50 (1980)). 56 Id. (internal quotations omitted). 28 upon which to more thoroughly review an ineffective assistance of counsel claim.[57] That is “‘the preferred way of raising ineffective assistance of . . . counsel is to file a subsequent petition for a writ of habeas corpus raising the issue in the court below.’” 58 Otherwise, “[l]acking an adequate record, an appellate court simply is unable to determine the egregiousness of many of the claimed deficiencies.” 59 That is the case, here.

2021Va. 192, 203 , 691 S.E.2d 183, 194 (2010) (quoting Cuyler v. Sullivan, 446 U.S. 335 , 349–50 (1980)). 56 Id. (internal quotations omitted). 28 upon which to more thoroughly review an ineffective assistance of counsel claim.[57] That is “‘the preferred way of raising ineffective assistance of . . . counsel is to file a subsequent petition for a writ of habeas corpus raising the issue in the court below.’” 58 Otherwise, “[l]acking an adequate record, an appellate court simply is unable to determine the egregiousness of many of the claimed deficiencies.” 59 That is the case, here.

2020This decision, however, [was] made without prejudice should Meadows desire to proceed with the development of a more complete record on the issue in a petition for habeas corpus.” State v. Meadows, 231 W.

2019As for the other grounds alleged (with the exception of the ineffective assistance of counsel claim), the habeas court concluded that petitioner failed to rebut the presumption that he intelligently and knowingly failed to advance certain issues that could have been raised prior to or during trial or on direct appeal—i.e., “911 Recordings”; “Failure [to] preserve audiotape recorded statements”; prosecutorial misconduct; prior acts of prosecutorial misconduct involving conduct other than the prosecutor’s closing argument; prosecutor acted as an “over[-]zealous advocate”; violation of Trial Cour

2019Va. 28 , 631 S.E.2d 586 ; W.

2018Kimmelman, 477 U.S. at 383 .

2016Daniel v. Legursky, 195 W.

2015This Court, in Syllabus Point 1 of State v. Vance, 162 W.Va. 467 , 250 S.E.2d 146 (1978), that, "The State must prove, at least by a preponderance of the evidence, that confessions or statements of an accused which amount to admissions of all or a part of an offense were voluntary before such may be admitted into the evidence of a criminal case.’ Syl, pt. 5, State v. Starr, 158 W.Va. 905 , 216 S.E.2d 242 (1975).' ”

2015This Court, in Syllabus Point 1 of State v. Vance, 162 W.Va. 467 , 250 S.E.2d 146 (1978), that, "The State must prove, at least by a preponderance of the evidence, that confessions or statements of an accused which amount to admissions of all or a part of an offense were voluntary before such may be admitted into the evidence of a criminal case.’ Syl, pt. 5, State v. Starr, 158 W.Va. 905 , 216 S.E.2d 242 (1975).' ”

2015This Court, in Syllabus Point 1 of State v. Vance, 162 W.Va. 467 , 250 S.E.2d 146 (1978), that, "The State must prove, at least by a preponderance of the evidence, that confessions or statements of an accused which amount to admissions of all or a part of an offense were voluntary before such may be admitted into the evidence of a criminal case.’ Syl, pt. 5, State v. Starr, 158 W.Va. 905 , 216 S.E.2d 242 (1975).' ”

2015This Court, in Syllabus Point 1 of State v. Vance, 162 W.Va. 467 , 250 S.E.2d 146 (1978), that, "The State must prove, at least by a preponderance of the evidence, that confessions or statements of an accused which amount to admissions of all or a part of an offense were voluntary before such may be admitted into the evidence of a criminal case.’ Syl, pt. 5, State v. Starr, 158 W.Va. 905 , 216 S.E.2d 242 (1975).' ”

1995While a defendant must ordinarily prove deficient performance by counsel coupled with a showing of prejudice in order to prevail on an ineffective assistance of counsel claim, there is a narrow class of cases where the particular circumstances “are so likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified.” United States v. Cronic, 466 U.S. 648, 658 , 104 S.Ct. 2039, 2046 , 80 L.Ed.2d 657 (1984) (footnote omitted).

1995While a defendant must ordinarily prove deficient performance by counsel coupled with a showing of prejudice in order to prevail on an ineffective assistance of counsel claim, there is a narrow class of cases where the particular circumstances “are so likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified.” United States v. Cronic, 466 U.S. 648, 658 , 104 S.Ct. 2039, 2046 , 80 L.Ed.2d 657 (1984) (footnote omitted).

1995Syl. pt. 13, State v. Kilmer, 190 W.Va. 617 , 439 S.E.2d 881 (1993).

1995Syl. pt. 13, State v. Kilmer, 190 W.Va. 617 , 439 S.E.2d 881 (1993).

1990Before the adoption of W.Va.R.Evid. 702, we formulated two general rules on the admissibility of scientific tests in Syllabus Points 7 and 8 of State v. Clawson, 165 W.Va. 588 , 270 S.E.2d 659 (1980): "7.

1990Before the adoption of W.Va.R.Evid. 702, we formulated two general rules on the admissibility of scientific tests in Syllabus Points 7 and 8 of State v. Clawson, 165 W.Va. 588 , 270 S.E.2d 659 (1980): "7.

1988This concern over an inadequate record to support an ineffective assistance of counsel claim was repeated in State v. Chamberlain, 178 W.Va. 420 , 359 S.E.2d 858 (1987).

1988This concern over an inadequate record to support an ineffective assistance of counsel claim was repeated in State v. Chamberlain, 178 W.Va. 420 , 359 S.E.2d 858 (1987).