State ex rel. Wilson v. Hedrick, 18694

Citation180 W.Va. 689,379 S.E.2d 493
Decision Date27 March 1989
Docket NumberNo. 18694,18694
CourtSupreme Court of West Virginia
PartiesSTATE of West Virginia ex rel. Wayne Allen WILSON v. Jerry C. HEDRICK, Warden West Virginia Penitentiary.

Syllabus by the Court

1. "The burden of proving that a plea was involuntarily made rests upon the pleader." Syllabus point 3, State ex rel. Clancy v. Coiner, 154 W.Va. 857, 179 S.E.2d 726 (1971).

2. "To be competent to stand trial, a defendant must exhibit a sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational, as well as factual, understanding of the proceedings against him." Syllabus point 2, State v. Arnold, 159 W.Va. 158, 219 S.E.2d 922 (1975).

Franklin D. Cleckley, Morgantown, for appellant.

Edward L. Bullman, Office of Atty. Gen., Charleston, for appellee.

PER CURIAM:

This is an appeal by Wayne Allen Wilson from an order of the Circuit Court of Fayette County in a habeas corpus proceeding. The appellant, who plead guilty to first degree murder, is presently serving a life sentence, with a recommendation of mercy, in the West Virginia Penitentiary. In the habeas corpus proceeding, he contended that his guilty plea to the charge of first degree murder was not voluntarily and intelligently given. He also contended that he was denied effective assistance of counsel. The circuit court found that the appellant's contentions were without merit and denied his petition. In the present proceeding, the appellant claims that the circuit court's ruling was erroneous. After reviewing the record, this Court disagrees, and, accordingly, affirms the decision of the circuit court.

On January 8, 1985, the appellant was indicted by a grand jury in Fayette County for first degree murder. In subsequent proceedings relating to the charge, he was represented by Fred A. Jesser, III, who became concerned about his mental competency. In Mr. Jesser's opinion, the appellant's behavior was "deteriorating." Mr. Jesser, therefore, moved that the appellant be examined by a psychiatrist to determine his competency to stand trial. He also sought a determination as to whether the appellant was criminally responsible at the time of the commission of the alleged murder. Pursuant to Mr. Jesser's motion, the appellant was examined by psychiatrists at Weston State Hospital, who found that he was competent to stand trial. The psychiatrist also determined that the appellant was criminally responsible at the time of the incident giving rise to the charge against him. Mr. Jesser, who was not wholly satisfied by the report prepared at Weston State Hospital, procured an independent psychiatric examination. The independent psychiatrist indicated that while the appellant was very frightened about the possibility of incarceration, and while he was concerned about his family, he was competent to stand trial and assist in his defense. Dr. Hasan concluded that the appellant was more psychosomatic than anything else.

Mr. Jesser entered into plea bargain negotiations with the prosecuting attorney of Fayette County. As a result of negotiations the appellant agreed to plead guilty to murder in the first degree if the State would recommend mercy. On July 8, 1985, the appellant, pursuant to the plea bargain agreement, appeared in the circuit court and plead guilty to first degree murder.

In the present proceeding, as in his habeas corpus proceeding, the appellant's first contention is that his plea of guilty to first degree murder was not voluntarily and intelligently given. He specifically claims that he was not fully informed of the nature of the charges against him prior to entering his plea.

In West Virginia the burden of establishing that a guilty plea was involuntarily entered rests upon the party challenging the plea. As stated in syllabus point 3 of State ex rel. Clancy v. Coiner, 154 W.Va. 857, 179 S.E.2d 726 (1971): "The burden of proving that a plea was involuntarily made rests upon the pleader."

In the present case, the trial court, before taking the appellant's plea, informed him that first degree murder was the unlawful "taking of a human life done feloniously, intentionally, willfully, with a malicious intent, and done deliberately, and not just on the spur of the moment but with some forethought." The court questioned the appellant to determine whether he understood the elements of the offense. From the fact that the appellant stated that he shot the victim with the pistol while in a beer garden, it appears that he was clearly aware that he had taken a human life, and from the overall proceedings it is clear that he was informed that he was charged with committing a criminal offense and faced the possibility of life imprisonment. Although the appellant's responses indicated that he was upset, particularly with the possibility of going to the penitentiary, he was given an opportunity to confer with his counsel during the proceedings.

According to defense counsel's testimony during the habeas corpus proceeding, counsel had discussed with the appellant the various elements of the charges prior to the plea proceeding. He specifically discussed the difference between first degree murder, second degree murder, manslaughter, and voluntary manslaughter. He investigated the possibility of showing lack of premeditation, and he discussed this with the...

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9 cases
  • Duncil v. Kaufman
    • United States
    • Supreme Court of West Virginia
    • June 12, 1990
    ...pleader.' Syllabus point 3, State ex rel. Clancy v. Coiner, 154 W.Va. 857, 179 S.E.2d 726 (1971)." Syllabus Point 1, State ex rel. Wilson v. Hedrick, 180 W.Va. 689, 379 S.E.2d 493 (1989). 5. "Before a guilty plea will be set aside based on the fact that the defendant was incompetently advis......
  • Montgomery v. Ames
    • United States
    • Supreme Court of West Virginia
    • April 26, 2019
    ...726 (1971) ("The burden of proving that a plea was involuntarily made rests upon the pleader."); accord Syl. Pt. 1, State ex rel. Wilson v. Hedrick, 180 W. Va. 689, 379 S.E.2d 493 (1989). As the United States Supreme Court has noted, statements made at plea allocutions "carry a strong presu......
  • State ex rel. Farmer v. Trent, 28399.
    • United States
    • Supreme Court of West Virginia
    • July 10, 2001
    ...burden of proving that a plea was involuntarily made rests upon the pleader."); accord syl. pt. 1, State ex rel. Wilson v. Hedrick, 180 W.Va. 689, 379 S.E.2d 493 (1989) (per curiam). Farmer's first substantive claim3 is that his guilty pleas were "involuntary" because the plea colloquy was ......
  • State v. Dale F., 19-0738
    • United States
    • Supreme Court of West Virginia
    • April 26, 2021
    ...pleader." Syllabus point 3, State ex rel. Clancy v. Coiner, 154 W.Va. 857, 179 S.E.2d 726 (1971).' Syllabus Point 1, State ex rel. Wilson v. Hedrick, 180 W.Va. 689, 379 S.E.2d 493 (1989)." Duncil, 183 W. Va. at 176, 394 S.E.2d at 871, syl. pt. 4. Thus, petitioner fails to show that the Stat......
  • Request a trial to view additional results

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