Ray Jackie Miller v. Donald Bordenkircher, Warden, West Virginia State Penitentiary and Attorney General of West Virginia

WILKINSON, Circuit Judge:

Petitioner Ray Jackie Miller, a state prisoner serving a sentence of life imprisonment in the West Virginia Penitentiary at Moundsville, seeks a writ of habeas corpus from the federal courts for the third time, pursuant to 28 U.S.C. § 2254 (1982). The district court denied the petition, finding that Miller’s claims either had been previously raised or constituted an abuse of the writ. Petitioner appeals. We affirm, holding that Habeas Corpus Rule 9(b) was properly invoked to deny the petition.

I

Miller pled guilty to the first degree murder of a West Virginia state…