Swiney v. Rogers

By JUDGE J. ROBERT STUMP

Tommy J. Swiney filed this petition for writ of Habeas Corpus against W. P. Rogers, Warden of Powhatan Correctional Center, alleging constitutional violations due to a conviction of first degree murder and a sentence of life imprisonment ordered in the Circuit Court of Wise County. Counsel for petitioner filed an amended petition. Respondent filed a motion to dismiss, and the matter was orally argued by telephone and briefed without an evidentiary hearing.

The court has considered the trial record and transcript; transcript of a prior trial, wherein the court granted…