· 12/16/1999
State Ex Rel. Vernatter v. Warden, West Virginia Penitentiary
Citations
- 528 S.E.2d 207
- 207 W. Va. 11
- 1999 W. Va. LEXIS 207
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that, “[w]hile in most circumstances the failure to make specific findings of fact and conclusions of law regarding an issue raised in habeas proceedings would necessitate a remand, we need not take such action in the present case[.]”
- vacating the circuit court’s order and remanding the case upon finding that the circuit court’s order lacked “findings of fact and conclusions of law sufficient to allow meaningful appellate review”
- \[TJhereis a 'strong presumption that counsel's conduct faIls within the wide range of reasonable professional assistance ... \,
- “Failure to meet the burden of proof imposed by either part of the Strickland/Miller test is fatal to a habeas petitioner’s claim.”
- “While in most circumstances the failure to make specific findings of fact and conclusions of law regarding an issue raised in habeas proceedings would necessitate a remand, we need not take such action in the present case.”
- on remand from United States Supreme Court
Source: CourtListener parenthetical corpus (CC0).
Judges: Megraw, Scott, Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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