Dwight Perdue v. Ira M. Coiner

Summary

The Supreme Court of Appeals of West Virginia affirmed the Circuit Court of Mercer County's order denying Dwight Perdue's petition for a writ of habeas corpus. Because post-conviction habeas corpus is civil in character, the court held there was no abuse of discretion in refusing to appoint counsel before denying the writ or in denying relief without a hearing, since the petition appeared meritless under Code, 1931, 53-4A-4(a) and 53-4A-3, as amended. The court further found the record showed a timely appeal from the conviction and that the circuit court's findings, though they could have been more specific, substantially complied with Code, 1931, 53-4A-7, as amended. No separate opinions were filed.