Losh v. McKenzie

Neely, Justice:

This case squarely presents an issue which was touched upon tangentially in Call v. McKenzie, 159 W.Va. 191, 220 S.E.2d 665 (1975), namely the extent to which principles of res judicata apply in post-conviction habeas corpus proceedings. Appellant, Russell D. Losh, appeals a summary dismissal of his petition for a writ of habeas corpus because the court failed to provide for a full evidentiary hearing.

The appellant was convicted of first-degree murder upon a guilty plea in the Circuit Court of Calhoun County on 19 May 1975 and was sentenced to life imprisonment without mercy.…