Legal Opinion

State Ex Rel. Myers v. Painter

West Virginia Supreme Court

Decided December 6, 2002No. 30514PublishedCited by 13 opinions

1Per curiam

In this appeal from the Circuit Court of Berkeley County, the appellant contends that the circuit court erred in refusing to grant the appellant a writ of habeas corpus. After reviewing the record, we conclude that the appellant was prejudiced by ineffective assistance of counsel in his underlying criminal trial. Furthermore, we find error in that the circuit judge to whom the underlying criminal case was assigned deemed himself disqualified and then improperly appointed another circuit judge to hear the case.

We reverse the circuit court’s order denying the appellant’s requested writ of…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. MillerWest Virginia Supreme Court · 1995
  3. State v. ThomasWest Virginia Supreme Court · 1974
  4. State v. BoydWest Virginia Supreme Court · 1977
  5. State Ex Rel. Daniel v. LegurskyWest Virginia Supreme Court · 1995

15 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. MyersWest Virginia Supreme Court · 2004
  2. State v. MyersWest Virginia Supreme Court · 2011
  3. Brandon Sherrod v. Donnie Ames, SuperintendentWest Virginia Supreme Court · 2019
  4. Dennis Gale Hubbard v. Ralph Terry, WardenWest Virginia Supreme Court · 2017
  5. Frank A. v. Donnie Ames, SuperintendentWest Virginia Supreme Court · 2021

8 more not listed; retrieve them via the Exa API.

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