Perdue v. Coiner, No. 13204

CourtSupreme Court of West Virginia
Writing for the CourtCAPLAN
Citation156 W.Va. 467,194 S.E.2d 657
PartiesDwight PERDUE v. Ira M. COINER, Warden, West Virginia Penitentiary.
Docket NumberNo. 13204
Decision Date27 February 1973

Page 657

194 S.E.2d 657
156 W.Va. 467
Dwight PERDUE
v.
Ira M. COINER, Warden, West Virginia Penitentiary.
No. 13204.
Supreme Court of Appeals of West Virginia.
Submitted Jan. 30, 1973.
Decided Feb. 27, 1973.

Page 658

Syllabus by the Court

1. A court having jurisdiction over habeas corpus proceedings may deny a petition for a writ of habeas corpus without a hearing and without appointing counsel for the petitioner if the petition, exhibits, affidavits or other documentary evidence filed therewith show to such court's satisfaction that the petitioner is entitled to no relief.

2. On an appeal to this Court the appellant bears the burden of showing that there was error in the proceedings below resulting in the judgment of which he complains, all presumptions being in favor of the correctness of the proceedings and judgment in and of the trial court.

Thomas S. Lilly, Princeton, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., George E. Lantz, Deputy Atty. Gen., Richard E. Hardison, E. Leslie Hoffman, III, Asst. Attys. Gen., Charleston, for defendant in error.

CAPLAN, Judge:

This is an appeal from a final order of the Circuit Court of Mercer County, wherein the court denied the petitioner, Dwight Perdue, appellant herein, a writ of habeas corpus.

The appellant was tried and found guilty on an indictment returned by the Grand Jury on the [156 W.Va. 468] Intermediate Court of Mercer County. Upon the judgment entered by that court on September 22, 1970, he was sentenced to confinement in the state penitentiary for a term of from one to ten years. The appellant then appealed said judgment to the Circuit Court of Mercer County following which, on May 13, 1971, said appeal was denied. On September 13, 1971, within four months of the latter date, a petition for appeal was filed in this Court. That appeal also was denied.

On November 4, 1971, the petitioner, Dwight Perdue, filed with the Clerk of the Circuit Court of Mercer County a petition for a writ of habeas corpus wherein, in addition to his prayer for relief, he requested the assistance of counsel. That court, by order dated November 26, 1971, denied the writ without a hearing. On December 16, 1971, petitioner's present counsel was appointed to assist him in the habeas corpus proceeding.

Although in his petition for a writ of error and supersedeas the petitioner assigns numerous errors, he relies upon and argues only the following: (1) The failure of the court to appoint counsel to represent him prior to the denial...

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287 practice notes
  • State ex. rel. Roger L. Bowers v. McBride, No. 101458
    • United States
    • Supreme Court of West Virginia
    • February 25, 2011
    ...or waived. W. Va. Code § 53-4A-3(a), 7(a); State ex rel. Markley v. Coleman, 215 W.Va. 729, 601 S.E.2d 49 (2004); Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1979). 7. In order to prevail on an issue previously adjudicated during the criminal proceeding, the petitioner must prove that ......
  • Carl N. v. Ballard, No. 13-0569
    • United States
    • Supreme Court of West Virginia
    • April 25, 2014
    ...or waived. W. Va. Code § 53-4A-3(a), -7(a); State ex rel. Markley v. Coleman, 215 W.Va. 729, 601 S.E.2d 49, 54 (2004); Perdue v. Coiner, 156 W.Va. 467, 469-470,194 S.E.2d 657, 659 (1979). 6. In order to prevail on an issue previously adjudicated during the criminal proceeding, the petitione......
  • Jordache Enterprises v. NAT. UNION FIRE INS., No. 24672.
    • United States
    • Supreme Court of West Virginia
    • November 24, 1998
    ...being in favor of the correctness of the proceedings and judgment in and of the trial court." Syllabus Point 2, Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1973). With these considerations in mind, we now proceed to the issues before III. DISCUSSION In their brief to this Court, it app......
  • Morris v. Painter, No. 29758.
    • United States
    • Supreme Court of West Virginia
    • July 3, 2002
    ...that there was error in the proceedings below resulting in the judgment of which he complains[.]" Syl. pt. 2, in part, Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1973). Accord Cook v. Channel One, Inc., 209 W.Va. 432, 434, 549 S.E.2d 306, 308 (2001) (per curiam); Rose v. Thomas Mem'l ......
  • Request a trial to view additional results
287 cases
  • State ex. rel. Roger L. Bowers v. McBride, No. 101458
    • United States
    • Supreme Court of West Virginia
    • February 25, 2011
    ...or waived. W. Va. Code § 53-4A-3(a), 7(a); State ex rel. Markley v. Coleman, 215 W.Va. 729, 601 S.E.2d 49 (2004); Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1979). 7. In order to prevail on an issue previously adjudicated during the criminal proceeding, the petitioner must prove that ......
  • Carl N. v. Ballard, No. 13-0569
    • United States
    • Supreme Court of West Virginia
    • April 25, 2014
    ...or waived. W. Va. Code § 53-4A-3(a), -7(a); State ex rel. Markley v. Coleman, 215 W.Va. 729, 601 S.E.2d 49, 54 (2004); Perdue v. Coiner, 156 W.Va. 467, 469-470,194 S.E.2d 657, 659 (1979). 6. In order to prevail on an issue previously adjudicated during the criminal proceeding, the petitione......
  • Jordache Enterprises v. NAT. UNION FIRE INS., No. 24672.
    • United States
    • Supreme Court of West Virginia
    • November 24, 1998
    ...being in favor of the correctness of the proceedings and judgment in and of the trial court." Syllabus Point 2, Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1973). With these considerations in mind, we now proceed to the issues before III. DISCUSSION In their brief to this Court, it app......
  • Morris v. Painter, No. 29758.
    • United States
    • Supreme Court of West Virginia
    • July 3, 2002
    ...that there was error in the proceedings below resulting in the judgment of which he complains[.]" Syl. pt. 2, in part, Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1973). Accord Cook v. Channel One, Inc., 209 W.Va. 432, 434, 549 S.E.2d 306, 308 (2001) (per curiam); Rose v. Thomas Mem'l ......
  • Request a trial to view additional results

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