No. 22-7415

Ricky Pendleton v. Donald Ames, Superintendent, Mt. Olive Correctional Center

Lower Court: West Virginia
Docketed: 2023-05-01
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constructive-amendment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel notice pro-se res-judicata
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2023-06-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the State courts's doctrine of res judicata was applied adequately after it summarily denies Pendleton's pro se filings of the successive habeas corpus petitions without a hearing

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the State courts's doctrine of res judicata was applied adequately after it summarily denies Pendleton's pro se filings of the successive habeas corpus petitions without a hearing. Does this violates Pendleton's due process rights under the U.S. Constitution? 2. Whether trial and appellate counsels' were ineffective at failing to object and raise that Pendleton was not put on notice before and during trial by the lower court's jury instructions of constructively amending a charge with substantial elements not alleged in the indictment. Does this prejudice and deprives Pendleton of due process right to notice of charge. 3. Whether trial and appellate counsels' were ineffective at failing to object and raise that the charge under malicious assault did not aver particular intent according to : the terms of the statute. Does this prejudice and deprives Pendleton of due process right to notice of charge. 4. Whether trial and appellate counsels' were ineffective at failing to object and raise that the indictment failing at averring two addidional elements that would separate the greater from the lesser-included offense both charged against Pendleton. Does this prejudice Pendleton and is contrary to clearly established federal law. i |

Docket Entries

2023-06-20
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-30
Rescheduled.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-11
Waiver of right of respondent Donald Ames to respond filed.
2023-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2023)

Attorneys

Donald Ames
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Ricky Pendleton
Ricky Pendleton — Petitioner
Ricky Pendleton — Petitioner