No. 18-7337

Gary D. Martin v. Ralph Terry, Acting Warden

Lower Court: West Virginia
Docketed: 2019-01-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: change-of-venue constitutional-error due-process equal-protection habeas-corpus indigent-rights ineffective-assistance ineffective-assistance-of-counsel judicial-bias right-to-counsel venue
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Did the State of West Virginia and subservient Circuit Court of Fayette County, West Virginia abuse its discretion and commit clear error in failing to appoint counsel for this indigent petitioner when raising ineffective assistance of trial counsel

Question Presented (from Petition)

QUESTION(S) PRESENTED GROUND ONE: Did the State of West Virginia and subservient Circuit Court of Fayette County, West Virginia “abuse its discretion” and commit ‘clear error’ where it failed to Appoint Counsel for this indigent Petitioner, when raising “Ineffective Assistance of Trial Counsel’ in direct violation of West Virginia Constitution, Article Ill, § 10,14 and 17 and United States Constitution, Amendments 1, 5, 6 and 14 resulting in denial of complete appeal process? GROUND TWO: Did the State of West Virginia by and thorough the Circuit Court of Fayette County, West Virginia “Abuse Its Discretion” and commit ‘Clear Constitutional Error’ by refusing an Evidentiary Hearing when raising “Ineffective Assistance of Counsel” grounds in direct violation of West Virginia Constitution, Article Ill, § 10 and 17 and United States Constitution, Amendment 1, 5 and 14 mandating Remand or Reversal ? GROUND THREE: Did the West Virginia Deny a Fair Trial where the Circuit Court denied change of venue, based upon excessive Pre-Trial Publicity, Jury Intimidation, and excess Publicity in direct violation of West Virginia Constitution, Article Ill §10 and 14 and United _ States Constitution, Amendments 5 and 14, mandating reversal or Remand? . GROUND FOUR: Does the State of West Virginia’s procedural process in Habeas Corpus, by statute deny Substantive Due Process and Equal Protection of Law where it results the Trial Court Judge becoming an unlawful “Judge in his Own Cause’ in direct violation of West Virginia Constitution, Article IIL § 4, 10 and 17 and United States Constitution, Amendments 5 and 14, mandating Reversal or Remand?

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
Waiver of right of respondent Ralph Terry to respond filed.
2019-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

Gary Martin
Gary D. Martin — Petitioner
Gary D. Martin — Petitioner
Ralph Terry
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent