723 S.E.2d 851
W. Va.2012Background
- Petitioner Donald Surber, Jr. pleaded guilty to murder, kidnapping, attempted kidnapping, burglary, destruction of property, attempted escape, and domestic assault on June 25, 2010, yielding life without mercy for murder and kidnapping and substantial additional sentences.
- In June 2009, Surber broke into his ex-girlfriend Katherine Sharp’s home, held her hostage, stabbed and killed her after a 36-hour standoff with police.
- At sentencing on August 2, 2010, the court sentenced Surber to life without mercy for murder and kidnapping, and set other terms; two charges were nolled.
- Surber repeatedly sought to represent himself, leading to courts’ competency findings and appointment of standby counsel, while allowing self-representation.
- This direct appeal challenges voluntariness of pleas, waiver of counsel, sentence proportionality, and standby counsel effectiveness; the Court affirmatively sustains the circuit court’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntary pleas validity | Surber argues pleas not knowing/voluntary due to regional jail harassment | State contends pleas were knowingly/voluntarily entered; rights waived | Plea voluntariness affirmed; knowingly/voluntarily entered |
| Waiver of counsel and right to self-representation | Self-representation was coerced by jail conditions | Waiver was intelligent and voluntary; standby counsel provided | Waiver valid; court did not abuse discretion in allowing self-representation |
| Disproportionate sentence | Sentence excessive given lack of counsel and mitigating evidence | Sentence within statutory limits and justified by brutality and public safety risk | Sentence within statutory limits; not subject to reversal absent impermissible factors |
| Ineffective assistance of standby counsel | Standby counsel ineffective in aiding request for additional evaluation | Self-representation limits claim; limited standby counsel duties | No merit shown; standby counsel not ineffective under the record |
Key Cases Cited
- State v. Myers, 204 W.Va. 449 (1998) (plea agreements and rights protection; contract-like scrutiny)
- State ex rel. Gardner v. West Virginia Division of Corrections, 210 W.Va. 783 (2002) (plea application and entitlement standards)
- State v. Sheppard, 172 W.Va. 656 (1983) (right to self-representation requires knowing rights and risks; timing; no disruption)
- State v. Sandor, 218 W.Va. 469 (2005) (abuse of discretion standard for self-representation decisions; warning and inquiry)
- State v. Sandler, 175 W.Va. 572 (1985) (knowing and intelligent waiver of rights depends on case facts and understanding of risks)