Jackie M. Martin v. Michael Martin, Acting Warden, 16-1062

Background

Jackie M. Martin was convicted after a 2000 trial of kidnapping, aggravated robbery, extortion, and first‑degree sexual abuse arising from an incident in Williamstown, WV; he received life (kidnapping) plus consecutive long terms for other offenses.
Martin presented an alibi at trial placing him in Marietta, Ohio around the relevant time; several potential witnesses and documentary corroboration (a workplace calendar and a doctor’s note) were available but not called/produced at trial.
Martin’s direct appeal was refused in 2001. He filed a first habeas petition (denied in 2006) and then an amended second habeas petition (denied by the circuit court on October 13, 2016), leading to this appeal.
In the second habeas proceedings Martin argued (1) ineffective assistance of his prior habeas counsel for failing to fully develop/present his alibi evidence at the first omnibus habeas hearing, (2) that the life kidnapping sentence violated due process because bodily harm was neither alleged nor proven, and (3) that his corrected second‑degree robbery sentence was improper because he was never indicted for that offense.
The circuit court found prior habeas counsel was not deficient (alibi witnesses and evidence had been addressed in the first omnibus hearing) and that Martin failed to show prejudice; the court also held the due‑process/kidnapping claim was res judicata from the first habeas proceeding, and declined to consider the robbery sentencing argument for lack of briefing authority.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prior habeas counsel provided ineffective assistance by failing to present certain alibi witnesses and documents at the first omnibus hearing	Martin: counsel failed to call Ms. Hupp, Ms. Wunder, Ms. Hoose and produce the Flanders desk calendar and doctor’s note, depriving him of a fully developed alibi	Warden: prior habeas counsel investigated and addressed the alibi; trial counsel and investigator testified at the omnibus hearing; the evidence was raised	Court: No deficient performance and no prejudice; habeas counsel’s representation was reasonable and bolstered alibi would not likely have changed outcome due to geographic proximity and travel time between towns
Whether the life sentence for kidnapping violated due process because bodily harm was not alleged or found	Martin: life sentence improper absent allegation/findings of bodily harm	Warden: issue was previously raised; res judicata applies	Court: Claim is res judicata from prior omnibus habeas and not reconsidered on this petition
Whether Martin’s corrected sentence for robbery is unconstitutional because he was not indicted for second‑degree robbery	Martin: remedy should have been to overturn aggravated robbery conviction rather than impose second‑degree term	Warden: sentencing correction followed statutory change and court acted properly	Court: Issue forfeited — Martin offered no legal authority in his brief; court refused to address it under briefing rules
Whether any asserted errors warranted habeas relief overall	Martin: cumulative errors and counsel failures warrant relief	Warden: no reversible error shown; procedural bars apply	Court: Denied habeas relief; affirmed circuit court order

Key Cases Cited

Mathena v. Haines, 219 W.Va. 417, 633 S.E.2d 771 (W. Va. 2006) (standards of review for habeas appeals)
State ex rel. Franklin v. McBride, 226 W.Va. 375, 701 S.E.2d 97 (W. Va. 2009) (describing review standards)
Losh v. McKenzie, 166 W.Va. 762, 277 S.E.2d 606 (W. Va. 1981) (prior omnibus habeas is res judicata except for specific exceptions)
State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (W. Va. 1995) (Strickland standard for ineffective assistance adopted)
State ex rel. Vernatter v. Warden, W.Va. Penitentiary, 207 W.Va. 11, 528 S.E.2d 207 (W. Va. 1999) (failure to meet either Strickland prong is fatal to claim)
State ex rel. Daniel v. Legursky, 195 W.Va. 314, 465 S.E.2d 416 (W. Va. 1995) (Strickland prong disposition guidance)