Gibson v. Dale

McGRAW, Justice:

This is an appeal brought by the appellant, George Gibson, from a final order of the Circuit Court of Kanawha County, entered February 24, 1982. The lower court denied the appellant’s prayer for relief in habeas corpus on the ground that the claims raised in the appellant’s petition had been waived by his failure to assert them in a previous habeas corpus proceeding. The appellant contends that the lower court’s resolution of the waiver issue was clearly wrong. We agree, and we reverse the judgment of the circuit court on that ground.

In 1975, the appellant was convicted by a…