State ex rel. Humphries v. Mcbride

Decision Date19 April 2007
Docket NumberNo. 33103.,33103.
Citation647 S.E.2d 798
PartiesSTATE of West Virginia, ex rel. Carroll Eugene HUMPHRIES, Petitioner Below, Appellant v. Thomas McBRIDE, Warden Respondent Below, Appellee.
CourtWest Virginia Supreme Court
Concurring Opinion of Justice Starcher June 28, 2007.

Syllabus by the Court

1. "In reviewing challenges to the findings and conclusions of the circuit court in a habeas corpus action, we apply a three-prong standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a de novo review." Syl. Pt. 1, Mathena v. Haines, 219 W.Va. 417, 633 S.E.2d 771 (2006).

2. "This Court is not obligated to accept the State's confession of error in a criminal case. We will do so when, after a proper analysis, we believe error occurred." Syl. Pt. 8, State v. Julius, 185 W.Va. 422, 408 S.E.2d 1 (1991).

3. "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." Syl. Pt. 5, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995).

4. "In reviewing counsel's performance, courts must apply an objective standard and determine whether, in light of all the circumstances, the identified acts or omissions were outside the broad range of professionally competent assistance while at the same time refraining from engaging in hindsight or second-guessing of trial counsel's strategic decisions. Thus, a reviewing court asks whether a reasonable lawyer would have acted, under the circumstances, as defense counsel acted in the case at issue." Syl. Pt. 6, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995).

5. "Where a counsel's performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client's interests, unless no reasonably qualified defense attorney would have so acted in the defense of an accused." Syl. Pt. 21, State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974).

6. "The mission of the Confrontation Clause found in the Sixth Amendment to the United States Constitution and Section 14 of Article III of the West Virginia Constitution is to advance a practical concern for the accuracy of the truth-determining process in criminal trials, and the touchstone is whether there has been a satisfactory basis for evaluating the truth of the prior statement. An essential purpose of the Confrontation Clause is to ensure an opportunity for cross-examination. In exercising this right, an accused may cross-examine a witness to reveal possible biases, prejudices, or motives." Syl. Pt. 1, State v. Mason, 194 W.Va. 221, 460 S.E.2d 36 (1995).

William C. Forbes, Forbes Law Offices, PLLC, Charleston, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Assistant Attorney General, Charleston, for Appellee.

PER CURIAM:

This case is before the Court on appeal from an October 7, 2005, Order of the Circuit Court of Greenbrier County, which denied Appellant's petition for writ of habeas corpus. This Court has before it the petition for appeal, the briefs of the parties, and all matters of record. Following a review of the record herein,1 this Court finds that the circuit court erred in denying the petition for writ of habeas corpus. Accordingly, this Court reverses the October 7, 2005, Order of the circuit court and remands the matter for retrial of the criminal charges contained in 98-F-54 and 99-F-36.

I. FACTS

On February 5, 1976, Billy Ray Abshire was killed when a bomb contained in a cardboard box and found on the left front fender of his car detonated as he left his home for work. The Bureau of Alcohol, Tobacco, and Firearms (the "ATF") investigated the incident and concluded that the bomb was of Abshire's making. All other suspects had been eliminated by the ATF, either by polygraph or by other means; and Abshire had access to the explosive used in the bomb. Furthermore, Kin-E-Pak explosive, an electric blasting cap, and an anti-disturbance device like those used in the bomb were found inside Abshire's trailer. The ATF concluded that Abshire had likely made the bomb and accidentally detonated it himself. Accordingly, his death was ruled accidental, and the investigation went no further.

At the time of Abshire's death, Appellant Humphries was engaged in a relationship with Abshire's estranged wife, Kitty. Humphries claims that during that period of time, he was attempting to help Kitty obtain a divorce from her husband, who had been holding out in an attempt to preserve the family. To that end, he consulted with an acquaintance, Gene Gaylor, who Humphries alleges he paid $2000 to research how Kitty could obtain a "quickie" Las Vegas divorce. In the meantime, Abshire consulted with an attorney by the name of John Detch regarding a divorce from Kitty.2 Abshire's divorce complaint was filed by John Detch the day before Abshire died.

In 1998, some 22½ years after Abshire's death, Humphries became the focus of a criminal investigation into the death. Gene Gaylor and his brother, Clayton, implicated Humphries in a murder plot, whereby Humphries allegedly paid Gene to make a bomb to kill Abshire. These accusations came to light after Humphries successfully prosecuted the Gaylors in federal court for an extortion plot which, curiously or not, involved Abshire's death. Together with Kitty Abshire, Gene Gaylor, and Robert Brown, Humphries was indicted in Greenbrier County in connection with the murder of Billy Ray Abshire.3

The case was moved to Putnam County on Humphries' motion,4 where, on July 30, 1999, Humphries was convicted as an accessory before the fact to murder in the first degree and conspiracy to commit murder. He was sentenced to life (with mercy) on the accessory charge and one to five years on the conspiracy charge. The sentences were set to run consecutively. Humphries' direct appeal of his conviction was refused by this Court on October 3, 2000.

On March 28, 2001, Humphries filed a pro se petition for writ of habeas corpus in the Circuit Court of Greenbrier County, which was summarily denied. Humphries then retained his current attorney and filed an amended petition for writ of habeas corpus. An omnibus hearing was then held by the circuit court during which several issues were raised. The court again denied the petition, and Humphries now appeals.

II. STANDARD OF REVIEW

This Court has recently clarified that "[i]n reviewing challenges to the findings and conclusions of the circuit court in a habeas corpus action, we apply a three-prong standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a de novo review." Syl. Pt. 1, Mathena v. Haines, 219 W.Va. 417, 633 S.E.2d 771 (2006). With that in mind, we proceed to a discussion of the present appeal.

III. DISCUSSION

Six issues were presented to this Court on appeal.5 Of those, the State conceded error to three issues. They are Humphries' contention that he suffered ineffective assistance of counsel at his criminal trial, that his Fifth Amendment rights were violated in the course of his criminal trial, and that his Sixth Amendment rights were violated in the course of his criminal trial.6 However, "[t]his Court is not obligated to accept the State's confession of error in a criminal case. We will do so when, after a proper analysis, we believe error occurred." Syl. Pt. 8, State v. Julius, 185 W.Va. 422, 408 S.E.2d 1 (1991). For that reason, while we need not delve into them in excessive detail, we will address each of the assignments of error in turn.

A. Ineffective Assistance of Counsel

The Sixth Amendment of the United States Constitution and Article III, Section 14 of the West Virginia Constitution both guarantee to the criminally accused the right to counsel. In State ex rel. Favors v. Tucker, 143 W.Va. 130, 140, 100 S.E.2d 411, 416 (1957), we recognized that "this right has been held to mean effective assistance [of counsel]. . . ." (Emphasis added.) It is not uncommon for one who has been convicted to challenge whether he or she has received that guaranteed effective assistance of counsel; and in its extensive review of such claims, this Court has held that "[i]n 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." Syl. Pt. 5, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995). We went on to clarify that "[i]n reviewing counsel's performance, courts must apply an objective standard and determine whether, in light of all the circumstances, the identified acts or omissions were outside the broad range of professionally competent assistance while at the same time refraining from engaging in hindsight or second-guessing of trial counsel's strategic decisions. Thus, a reviewing court asks whether a reasonable lawyer would have acted, under the circumstances, as defense counsel acted in the case at issue." Syl. Pt. 6, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995). Guided by that principle and mindful of its admonition...

To continue reading

Request your trial
13 cases
  • State v. Kennedy
    • United States
    • Supreme Court of West Virginia
    • 21 Noviembre 2012
    ...trial herein was conducted prior to the Crawford and Mechling decisions.” State ex. rel. Humphries v. McBride, 220 W.Va. 362, 373 n. 11, 647 S.E.2d 798, 809 n. 11 (2007). The Court then proceeded to find a violation of the Sixth Amendment under the pre- Crawford/Mechling caselaw. Justice St......
  • State v. Reed
    • United States
    • Supreme Court of West Virginia
    • 5 Febrero 2009
    ...State ex rel. Blake v. Hatcher, 218 W.Va. 407, 413-14, 624 S.E.2d 844, 850-51 (2005). Accord State ex rel. Humphries v. McBride, 220 W.Va. 362, 369, 647 S.E.2d 798, 805 (2007). We have also observed that "[a]n indigent criminal defendant may demand different counsel for good cause, such as ......
  • Christian v. Ballard
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 8 Julio 2015
    ...about the recidivist discussions that he alleges took place on the morning of his plea. See State ex rel. Humphries v. McBride, 220 W.Va. 362, 647 S.E.2d 798, 803 (2007) (per curiam). More importantly, however, the West Virginia Supreme Court stated that it had “carefully considered the mer......
  • Goodman v. Searls
    • United States
    • Supreme Court of West Virginia
    • 8 Junio 2022
    ...... different." Syllabus Point 5, State v. Miller ,. 194 W.Va. 3, 459 S.E.2d 114 (1995). . . ... State ex rel. Franklin v. McBride , 226 W.Va. 375,. 701 S.E.2d 97 (2009). . ... trial."); State ex rel. Humphries......
  • Request a trial to view additional results
1 books & journal articles
  • Conflicts of interest in criminal cases: should the prosecution have a duty to disclose?
    • United States
    • American Criminal Law Review Vol. 47 No. 3, June 2010
    • 22 Junio 2010
    ...defense counsel was under FBI investigation and district court properly removed defense counsel); State ex rel. Humphries v. McBride, 647 S.E.2d 798, 803-04 (W. Va. 2007) (explaining that State raised issue of conflict of interest at trial and requested that defense counsel step aside). MOD......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT