Irvin v. Cowgill v. v. Patrick Mirandy, Warden ( 2013 )


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  •                              STATE OF WEST VIRGINIA
    SUPREME COURT OF APPEALS
    Irvin V. Cowgill,                                                                   FILED
    Petitioner Below, Petitioner                                                      December 2, 2013
    RORY L. PERRY II, CLERK
    SUPREME COURT OF APPEALS
    vs) No. 13-0636 (Hampshire County 12-C-16)                                       OF WEST VIRGINIA
    Patrick A. Mirandy, Warden,
    St. Mary’s Correctional Center,
    Respondent Below, Respondent
    MEMORANDUM DECISION
    Petitioner Irvin V. Cowgill, by counsel Jonathan G. Brill, appeals the order of the Circuit
    Court of Hampshire County, entered February 15, 2013, denying his amended petition for writ of
    habeas corpus. Respondent Warden Patrick A. Mirandy appears by counsel Christopher S.
    Doddrill.
    This Court has considered the parties’ briefs and the record on appeal. The facts and legal
    arguments are adequately presented, and the decisional process would not be significantly aided
    by oral argument. Upon consideration of the standard of review, the briefs, and the record
    presented, the Court finds no substantial question of law and no prejudicial error. For these
    reasons, a memorandum decision affirming the order of the circuit court is appropriate under
    Rule 21 of the Rules of Appellate Procedure.
    With respect to the denial of a petition for a writ of habeas corpus, this Court has held:
    “In reviewing challenges to the findings and conclusions of the circuit
    court in a habeas corpus action, we apply a three-prong standard of review. We
    review the final order and the ultimate disposition under an abuse of discretion
    standard; the underlying factual findings under a clearly erroneous standard; and
    questions of law are subject to a de novo review.” Syl. pt. 1, Mathena v. Haines,
    219 W.Va. 417, 
    633 S.E.2d 771
    (2006).
    Syl. Pt. 1, State ex rel. Thompson v. Ballard, 229 W.Va. 263, 
    728 S.E.2d 147
    (2012).
    Petitioner, pro se, filed a petition for writ of habeas corpus with this Court on August 24,
    2011, seeking review of his 2002 conviction of murder in the second degree. By order entered
    February 14, 2012, the Court directed the Circuit Court of Hampshire County to appoint counsel
    to file a petition on two issues: petitioner’s assertion that the State failed to disclose evidence of
    the murder victim’s criminal history, and petitioner’s assertion that the murder victim was an
    illegal immigrant. The circuit court appointed an attorney who filed an amended petition
    addressing the first issue; petitioner conceded the second issue because counsel discovered
    1
    evidence to the contrary.
    In its order denying the petition for writ of habeas corpus, the lower court made this
    finding of fact1:
    [I]n this case, [p]etitioner’s issue is with regard to the disclosure of
    information regarding specific acts of violence against third parties by the victim,
    allegedly contained within the victim’s criminal history record. The [c]ourt finds
    that the prosecuting attorney faxed the victim’s criminal history to [p]etitioner’s
    trial counsel. The [c]ourt finds that Exhibits A and B, attached to the Response to
    Amended Petition, clearly show that the criminal history was disclosed to
    [p]etitioner’s trial counsel on August 15, 2002. Therefore, the [c]ourt concludes
    that [p]etitioner is not entitled to any relief on this ground.
    The court then “conclude[d] that an evidentiary hearing is not required for the [c]ourt to make
    these findings and conclusions inasmuch as all of the grounds alleged can readily be determined
    by reference to the record.”
    On appeal, petitioner presents a single assignment of error: that the circuit court failed to
    conduct an evidentiary hearing to address this issue. We have held that “[a] court having
    jurisdiction over habeas corpus proceedings may deny a petition for a writ of habeas corpus
    without a hearing . . . if the petition, exhibits, affidavits or other documentary evidence filed
    therewith show to such court’s satisfaction that the petitioner is entitled to no relief.” Syl. Pt. 1,
    Perdue v. Coiner, 156 W.Va. 467, 
    194 S.E.2d 657
    (1973).
    Petitioner does not assert that the circuit court incorrectly found that the State disclosed
    the victim’s criminal history, only that the court made its finding based solely on the State’s
    contention. In making this finding, however, the circuit court had before it copies of the faxed
    documents, together with the appropriate cover sheet, noting the completion of the transmission.
    We find that this was a satisfactory basis for the circuit court’s denying the petition without
    conducting a hearing, and petitioner has demonstrated no entitlement to relief.
    For the foregoing reasons, we affirm.
    Affirmed.
    1
    In light of this specific factual finding, we find no merit in petitioner’s argument that
    the [c]ourt’s order denying [p]etitioner’s relief requested fails to set forth specific
    findings of fact and conclusions of law as to why a hearing was not held. The
    lower court, as set forth in its order, makes a conclusive statement that ‘all of the
    grounds alleged can readily be determined by reference to the [criminal] record. . .
    .
    2
    ISSUED: December 2, 2013
    CONCURRED IN BY:
    Chief Justice Brent D. Benjamin
    Justice Robin Jean Davis
    Justice Margaret L. Workman
    Justice Menis E. Ketchum
    Justice Allen H. Loughry II
    3
    

Document Info

Docket Number: 13-0636

Filed Date: 12/2/2013

Precedential Status: Precedential

Modified Date: 10/30/2014