Andrew Smith v. Marvin Plumley, Warden, 16-0406

Andrew Smith pled guilty in 2010 (Kennedy plea) to one count of first-degree sexual abuse involving an eight-year-old; sentence of 5–25 years was suspended for five years probation per plea agreement.
Probation was revoked in 2012 after Smith admitted violations; original sentence was imposed and this Court affirmed that revocation.
Smith filed a habeas petition in 2015 alleging: ineffective assistance of trial counsel, an involuntary plea, insufficient factual basis for the plea, and Brady violations; he sought an omnibus evidentiary hearing.
The Berkeley County Circuit Court denied the habeas petition without an omnibus evidentiary hearing, finding the petition showed no entitlement to relief and that many claims were waived or unsupported by the record.
The West Virginia Supreme Court affirmed, applying standards for habeas review, waiver of claims not raised on direct appeal, Strickland ineffective-assistance analysis, and the rule that a knowing and voluntary guilty plea waives antecedent nonjurisdictional defects.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether circuit court erred by denying an omnibus evidentiary hearing	Smith argued his petition showed probable cause that evidence at a hearing could entitle him to relief	State argued the petition and record showed Smith was entitled to no relief and court may deny without a hearing	Denied — court properly dismissed without a hearing under Perdue when record shows no relief warranted
Whether Smith's guilty plea was involuntary	Smith claimed family and counsel pressure and that he pled only to avoid prison	State pointed to plea hearing record where Smith denied promises, threats, or coercion; claim not raised on direct appeal	Denied — claim waived on direct appeal and record supports plea was knowing and voluntary
Whether counsel was ineffective	Smith alleged lack of communication, investigation, discovery, waiver of preliminary hearing	State argued Strickland standard not met; no showing of deficient performance or prejudice	Denied — circuit court correctly found Smith failed to meet either Strickland prong
Whether State failed to disclose exculpatory evidence (Brady)	Smith said a trooper coerced his confession (shoving, threats), rendering confession involuntary and Brady material	State noted Smith was present for his own confession and pled voluntarily; once plea entered, antecedent defects waived	Denied — no Brady violation shown and voluntary plea waives antecedent nonjurisdictional claims

Mathena v. Haines, 219 W.Va. 417, 633 S.E.2d 771 (2006) (standards of review for habeas appellate review)
Perdue v. Coiner, 156 W.Va. 467, 194 S.E.2d 657 (1973) (habeas petition may be denied without hearing when records show no relief warranted)
Ford v. Coiner, 156 W.Va. 362, 196 S.E.2d 91 (1972) (presumption that issues not raised on direct appeal are waived in habeas)
State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995) (adopts Strickland two‑pronged test for ineffective assistance)
State v. Proctor, 227 W.Va. 352, 702 S.E.2d 549 (2011) (a knowing and voluntary guilty plea waives antecedent, nonjurisdictional defects)
Kennedy v. Frazier, 178 W.Va. 10, 357 S.E.2d 43 (1987) (permits Kennedy plea where defendant does not admit participation if plea is intelligent and record supports potential conviction)
Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose materially exculpatory evidence)