Pendleton v. Hamrick, 060320 WVSC, 19-0116
| Party Name | Ricky Vincent Pendleton, Petitioner Below, Petitioner v. Terry C. Hamrick and Tracy P. Rice, Respondents Below, Respondents. |
| Judge Panel | CONCURRED IN BY: Chief Justice Tim Armstead, Justice Margaret L. Workman, Justice Elizabeth D. Walker, Justice Evan H. Jenkins, Justice John A. Hutchison |
| Case Date | June 03, 2020 |
| Court | Supreme Court of Appeals of West Virginia |
Berkeley County 18-C-281
MEMORANDUM DECISION
Petitioner Ricky Vincent Pendleton, self-represented, appeals the January 22, 2019, order of the Circuit Court of Berkeley County denying his petition for a writ of mandamus. Respondents Terry C. Hamrick and Tracy P. Rice, by counsel Teresa J. Lyons, filed a response in support of the circuit court's order. Petitioner filed a reply.
The Court has considered the parties' briefs and the record on appeal. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the circuit court's order is appropriate under Rule 21 of the Rules of Appellate Procedure.
On May 22, 1996, petitioner was indicted in the Circuit Court of Berkeley County on felony charges of kidnapping, malicious wounding, grand larceny, and aggravated robbery. These charges stemmed from an incident in which petitioner and an accomplice beat Ryan Frankenberry and robbed him of his wallet and vehicle. The beating was so severe that the victim required multiple surgeries, including the insertion of titanium plates and screws in his facial bones. Following a jury trial, petitioner was found guilty on all counts, and the jury recommended mercy in regard to his conviction for kidnapping. Petitioner was thereafter sentenced to a life term of incarceration with the possibility of parole for his kidnapping conviction, two to ten years of incarceration for his conviction of malicious wounding, one to ten years of incarceration for his conviction of grand larceny, and sixty years of incarceration for his conviction of aggravated robbery. These sentences were ordered to run consecutively to one another and consecutively to a prior federal sentence. Petitioner sought review of his convictions in this Court, which refused his appeal by order entered on June 16, 1999.
Petitioner subsequently had his omnibus habeas corpus proceeding, where petitioner was represented by counsel, and the circuit court specifically found that "there [was] no need for an evidentiary hearing." Pendleton v. Ballard, No. 12-0653 ("Pendleton I"), 2013 WL 2477245, at...
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