Monica Boggs v. Lori Nohe, Warden, 15-1001

Background

In August 2008 petitioner Monica Boggs called 911 reporting her seven‑month‑old son Skyler was unresponsive; he was later pronounced dead. No direct physical evidence tied Boggs to an assault other than autopsy findings and her statements.
Autopsy by Dr. Matrina Schmidt found a full‑thickness skull fracture crossing parietal bones, brain hemorrhage, multiple contusions and bruises; cause of death: blunt force head trauma (homicide opinion).
Boggs gave multiple statements to law enforcement over two days; she was advised of Miranda rights and signed a waiver. Her statements evolved and included admissions that she threw a bottle and later threw the infant into a crib, causing his head to strike a toy piano; she repeatedly said she did not mean to hurt him.
After a three‑day jury trial (Boggs did not testify), she was convicted of Death of a Child by a Parent, Child Abuse Causing Bodily Injury, and Gross Child Neglect; total sentence 42–50 years. This Court previously affirmed on direct appeal.
Boggs filed a post‑conviction habeas petition asserting (inter alia) ineffective assistance of trial counsel for failing to challenge voluntariness of statements and for failing to retain/introduce medical expert testimony. The circuit court denied relief and declined an evidentiary hearing.
The West Virginia Supreme Court reversed and remanded, holding the circuit court abused its discretion by refusing an evidentiary hearing so counsel could explain strategy and witnesses could be heard; the Court did not decide the merits of the ineffectiveness claims.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the habeas court abused its discretion by denying an evidentiary hearing on voluntariness and related factual disputes	Boggs: facts (borderline cognition, multiple interrogations, evolving statements) create disputed issues requiring live testimony, including trial counsel and experts, to assess voluntariness and counsel strategy	Warden: record (transcripts, waiver form, trial testimony, psychologist evaluation) fully supports denial; no additional factual development needed	Court: Reversed — evidentiary hearing required to evaluate counsel's strategy and hear witnesses; remanded for hearing
Whether trial counsel rendered ineffective assistance by failing to move to suppress statements and by not retaining a medical expert	Boggs: counsel’s omissions were deficient and prejudicial under Strickland; outcome likely different with suppression or expert challenge	Warden: counsel reasonably investigated, secured a forensic psychologist evaluation, and had strategic reasons; suppression would have been meritless; trial record negates prejudice	Court: Declined to decide merits; remanded for evidentiary hearing so counsel can explain reasons and petitioner can develop testimony to meet Strickland standards

Key Cases Cited

Mathena v. Haines, 219 W. Va. 417, 633 S.E.2d 771 (2006) (standard of review for habeas corpus appeals)
Strickland v. Washington, 466 U.S. 668 (1984) (two‑pronged ineffective assistance test)
State v. Miller, 194 W. Va. 3, 459 S.E.2d 114 (1995) (adopting Strickland framework in West Virginia)
Perdue v. Coiner, 156 W. Va. 467, 194 S.E.2d 657 (1973) (habeas petitions may be denied without a hearing when record shows petitioner entitled to no relief)
Gibson v. Dale, 173 W. Va. 681, 319 S.E.2d 806 (1984) (discretion to grant evidentiary hearings guided by necessities of each case)
Miranda v. Arizona, 384 U.S. 436 (1966) (requirements for custodial interrogation warnings)