STATE EX REL. BURTON v. WHYTE

No. 14418.

256 S.E.2d 424 (1979)

STATE ex rel. James Michael BURTON v. William WHYTE, Superintendent, Huttonsville Correctional Center.

Supreme Court of Appeals of West Virginia.

June 26, 1979.


Attorney(s) appearing for the Case

Katz, Kantor, Katz, Perkins & Cameron and David M. Katz, Bluefield, for petitioner.

Chauncey H. Browning, Atty. Gen., and David F. Greene, Asst. Atty. Gen., Charleston, for respondent.


MILLER, Justice:

James Michael Burton in this original writ of habeas corpus contends that his guilty plea was based on incompetent advice of counsel and that his conviction should therefore be set aside. We disagree and deny the writ.

The central issue is whether Burton's trial counsel was incompetent in advising him to plead guilty to a charge of grand larceny when a pretrial motion to suppress Burton's written confession was denied. The principal challenge...

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