West Virginia Supreme Court· 12/19/1972

Ford v. Coiner

Citations

196 S.E.2d 91
156 W. Va. 362
1972 W. Va. LEXIS 200

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a habeas petitioner bears the burden of rebutting the presumption that he intelligently and knowingly waived any claim that he could have advanced on direct appeal but did not
holding that “the burden of proof rests on petitioner to rebut the presumption that he intelligently and knowingly waived any contention or ground for relief which theretofore he could have advanced on direct appeal.”
creating a rebuttable presumption that if a petitioner fails to raise an issue in a direct appeal, then petitioner “intelligently and knowingly waived” that issue for purposes of the habeas corpus petition
setting forth that there is a “rebuttable presumption” that a habeas petitioner has “intelligently and knowingly waived any contention or ground in fact or law” that could have been raised on direct appeal but was not and imposing the burden on a habeas petitioner to rebut that presumption
“[t]here is a rebuttable presumption that petitioner intelligently and knowingly waived any contention or ground in fact or law relied on in support of his petition for habeas corpus which he could have advanced on direct appeal but which he failed to so advance.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carrigan, Haden

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Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

20 cases in this archive are cited by this case.

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