Justin Adams v. Marvin Plumley, Warden
16-0733
| W. Va. | Jun 2, 2017Background
- Justin Adams committed bank robberies in 2004 (federally prosecuted) and 2010 (state-prosecuted in Taylor County).
- Federal sentence for the 2004 robbery: 37 months; released to supervised release in 2007.
- Adams was returned to federal custody April 10, 2010–April 21, 2011 for violating his federal supervised release after committing the 2010 state offense.
- State arrested Adams for the 2010 robbery on July 7, 2011; he pled guilty in January 2012 and was sentenced to 10–20 years, but was permitted to enter inpatient drug treatment and then recommitted after absconding.
- Adams sought post-sentencing credit for: (1) Feb 9, 2010–Apr 9, 2010 (state custody) — court granted 60 days; and (2) Apr 10, 2010–Apr 21, 2011 (federal custody) — court denied credit.
- Adams filed habeas corpus alleging entitlement to credit for the federal confinement period and ineffective assistance for counsel’s failure to appeal that issue; the circuit court denied relief and the West Virginia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to credit for Apr 10, 2010–Apr 21, 2011 | Adams: State retained legal custody from his 2010 arrest, so federal time should count toward his state sentence | State: Federal confinement was for violation of a separate federal sentence; not attributable to the state sentence | Court: Denied — federal incarceration resulted from a separate federal sentence and did not provide credit on the state sentence |
| Ineffective assistance for failure to appeal credit issue | Adams: Counsel failed to appeal denial of credit, depriving him of appellate review | State: Even if appeal was denied, the substantive credit claim lacks merit (harmless) | Court: Denied — no ineffective assistance because the credit claim lacks merit and record shows Adams pursued post-sentencing treatment rather than an immediate appeal |
Key Cases Cited
- Mathena v. Haines, 219 W.Va. 417, 633 S.E.2d 771 (standard of review in habeas appeals)
- Echard v. Holland, 177 W.Va. 138, 351 S.E.2d 51 (double jeopardy/credit principles may not apply across distinct prosecutions)
- Miller v. Luff, 175 W.Va. 150, 332 S.E.2d 111 (same; distinct sovereigns and facts can preclude credit)
- State v. Julius, 185 W.Va. 422, 408 S.E.2d 1 (court not bound to accept State’s confession of error)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)