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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.