Matthew Edward Lamp v. Karen Pszczolkowski, Warden
16-0482
| W. Va. | Jun 16, 2017Background
- Matthew Edward Lamp was indicted (Jan 2013) on two felony counts related to the death of a three-year-old in his care; he pled guilty (Oct 2013) to death of a child by a guardian or custodian in exchange for dismissal of the second count and a nonbinding 30-year recommendation.
- During plea colloquy Lamp acknowledged the plea was his free will, understood a 40-year maximum, and that he waived pretrial challenges by pleading guilty.
- The circuit court accepted the plea and later (Jan 2014) sentenced Lamp to 40 years in prison; Lamp filed no direct appeal.
- Over a year after sentencing Lamp filed a pro se habeas petition, later amended to raise 19 grounds including ineffective assistance of counsel (failure to appeal, to subpoena witnesses, to obtain co-counsel), involuntary plea, excessive sentence, and coerced confession.
- An omnibus evidentiary hearing (Feb 2016) featured conflicting testimony on whether Lamp requested an appeal or other assistance; the circuit court credited trial counsel’s testimony and denied habeas relief (Apr 15, 2016).
- Lamp appealed to the West Virginia Supreme Court, which issued a memorandum decision affirming the circuit court (June 16, 2017).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to file appeal | Lamp: counsel failed to file a requested direct appeal | Warden: counsel credibly testified Lamp never requested an appeal; plea waived many rights | Court: credited counsel’s testimony; no ineffective assistance proven |
| Ineffective assistance — failure to subpoena sentencing witnesses | Lamp: counsel ignored requests to subpoena witnesses for sentencing | Warden: counsel denied such requests; petitioner did not identify witnesses or their expected testimony | Court: petitioner failed to show what witnesses would say or a reasonable probability of different outcome |
| Ineffective assistance — failure to obtain co-counsel | Lamp: counsel failed to act on petitioner’s request for co-counsel | Warden: no prejudice demonstrated; no reasonable probability of different result | Court: no basis to find ineffective assistance |
| Involuntary guilty plea | Lamp: felt pressured by counsel and therefore plea was not voluntary | Warden: plea colloquy complied with Rule 11/Call; petitioner admitted voluntariness and understanding of consequences | Court: plea was knowingly, voluntarily, intelligently entered; claim denied |
| Excessive/disproportionate sentence | Lamp: 40-year term is excessive and disproportionate | Warden: sentence is within statutory range (10–40 years) for the offense; Goodnight limits review | Court: sentence within statutory maximum; not reviewable as excessive here |
| Coerced confession / pretrial defects | Lamp: confession was coerced, so habeas relief warranted | Warden: plea waived pretrial defects and prior confessions; petitioner acknowledged waiver at plea | Court: waiver bars challenge to pretrial confession; claim denied |
Key Cases Cited
- Mathena v. Haines, 219 W.Va. 417, 633 S.E.2d 771 (W. Va. 2006) (standard of review in habeas appeals)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-pronged ineffective assistance of counsel test)
- State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (W. Va. 1995) (adopting Strickland standard)
- State ex rel. Forbes v. Kaufman, 185 W.Va. 72, 404 S.E.2d 763 (W. Va. 1991) (plea waives significant constitutional rights)
- State v. Legg, 207 W.Va. 686, 536 S.E.2d 110 (W. Va. 2000) (defendants generally waive nonjurisdictional objections by pleading guilty)
- Call v. McKenzie, 159 W.Va. 191, 220 S.E.2d 665 (W. Va. 1975) (procedures to ensure pleas are knowing, voluntary, intelligent)
- State v. Goodnight, 169 W.Va. 366, 287 S.E.2d 504 (W. Va. 1982) (sentences within statutory limits generally not subject to appellate review)
- Wanstreet v. Bordenkircher, 166 W.Va. 523, 276 S.E.2d 205 (W. Va. 1981) (proportionality review scope)