John Walters v. Marvin Plumley, Warden, 15-1062

Background

In January 2012 Walters broke into his ex-girlfriend’s home, assaulted her with a hammer, and stole her phone and ~$700; he was arrested and appointed public defender Thomas Stanley.
The State sent a favorable plea offer on March 9, 2012 (20 years cumulative, dismissal of a battery charge, no recidivist enhancement) that expressly expired April 13, 2012; Stanley did not timely communicate it to Walters.
Walters learned of the March 9 offer in late July 2012 after Stanley discovered it in the file; by then the State had issued a later offer (July 24, 2012) and plea negotiations continued; Walters ultimately pled in January 2013 to three counts and received a cumulative sentence of 43–65 years.
Walters raised a post-conviction habeas claim (sole ground: ineffective assistance of counsel for failing to convey the March 9 offer). The circuit court held an evidentiary hearing and found counsel’s performance deficient but concluded Walters failed to show a reasonable probability he would have accepted the March 9 offer when it was pending.
The Supreme Court of Appeals of West Virginia affirmed, concluding Walters failed Strickland’s prejudice prong because the record showed he was unwilling to accept a substantial prison term at the time the March 9 offer was available and later rejected attempts to reopen the offer.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defense counsel’s failure to communicate the March 9, 2012 plea offer constituted ineffective assistance	Walters: Stanley’s failure to convey the offer violated Becton and was constitutionally ineffective	State: Counsel’s omission was deficient but Walters cannot show prejudice — no reasonable probability he would have accepted the offer	Court: Performance was deficient but no prejudice; habeas relief denied
Whether Walters would have accepted the March 9 offer if timely informed	Walters: He testified he would have accepted when he learned of it in July 2012	State: Walters’ contemporaneous behavior (letters seeking release/mercy, later plea offers) and testimony show he was not prepared to accept a substantial prison term in April 2012	Court: No reasonable probability Walters would have accepted the offer at the relevant time
Whether the plea would have been available/accepted by the court or prosecutor if reopened	Walters: Implied that reopening was possible and would have produced a better outcome	State: Prosecutor or court might have refused; petitioner must show reasonable probability plea would have been entered and not rescinded	Court: Walters did not prove the plea would have been entered or accepted; prejudice not established
Weight and credibility of conflicting testimony (counsel vs. defendant)	Walters: His testimony that he was willing in July counters counsel’s account	State: Counsel and co-counsel testified Walters rejected effort to reopen offer; contemporaneous documents support State	Court: Credibility resolved for the circuit court in favor of counsel; findings not clearly erroneous

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. 2010) (habeas review standard)
Markley v. Coleman, 215 W. Va. 729, 601 S.E.2d 49 (W. Va. 2004) (petitioner bears burden to obtain habeas relief)
State ex rel. Scott v. Boles, 150 W. Va. 453, 147 S.E.2d 486 (W. Va. 1966) (habeas burden principles)
State v. Miller, 194 W. Va. 3, 459 S.E.2d 114 (W. Va. 1995) (adopts Strickland two‑prong test in West Virginia)
State ex rel. Daniel v. Legursky, 195 W. Va. 314, 465 S.E.2d 416 (W. Va. 1995) (courts may dispose of ineffective assistance claims on either Strickland prong)
Becton v. Hun, 205 W. Va. 139, 516 S.E.2d 762 (W. Va. 1999) (attorney must communicate plea offers absent extenuating circumstances)
Missouri v. Frye, 566 U.S. 133 (U.S. 2012) (to show prejudice from a lost plea offer a defendant must show reasonable probability he would have accepted and that the plea would have been entered and more favorable outcome would have resulted)
State v. Guthrie, 194 W. Va. 657, 461 S.E.2d 163 (W. Va. 1995) (appellate courts defer to trial court credibility determinations)