State of West Virginia v. Orville M. Hutton

In State v. Hutton, 235 W.Va. 724, 776 S.E.2d 621 (2015) (“Hutton F), I concurred in the majority’s historical analysis of the common law writ of error coram nobis, as well as its ultimate conclusion that the writ remains available only in extraordinary circumstances in criminal proceedings in West Virginia. I also concurred in the majority’s new syllabus point four to the extent it reflected the holding of the United States Supreme Court in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).1 However, I strongly disagreed with the majority’s implication that Padilla…