(Download) "State West Virginia Ex Rel. Donald" by Supreme Court of Appeals of West Virginia " eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia Ex Rel. Donald
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 15, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1. In the determination of a claim that an accused was prejudiced by ineffective assistance of counsel violative of Article III, Section 14 of the West Virginia Constitution and the Sixth Amendment to the United States Constitution, courts should measure and compare the questioned counsel's performance by whether he exhibited the normal and customary degree of skill possessed by attorneys who are reasonably knowledgeable of criminal law, except that proved counsel error which does not affect the outcome of the case, will be regarded as harmless error. Syllabus Point 19, State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974). 2. Findings of fact made by a trial court in a post-conviction habeas corpus proceeding will not be set aside or reversed on appeal by this Court unless such findings are clearly wrong. Syllabus Point 1, State ex rel. Postelwaite v. Bechtold, 158 W.Va. 479, 212 S.E.2d 69 (1975).
 "State West Virginia Ex Rel. Donald" by Supreme Court of Appeals of West Virginia " eBook PDF Kindle ePub Free){kind=link}