West Virginia Supreme Court

State of West Virginia ex rel. Ronald Gene Daniel, Petitioner Below, Appellant v. Carl Legursky

November 17, 1995195 W. Va. 314

Summary

The court affirmed denial of Daniel's omnibus habeas petition, holding that although trial counsel performed deficiently by failing to investigate confirmed jury tampering and request a hearing, Daniel failed to prove the required prejudice. The court also rejected his claims concerning counsel's defense theory, cross-examination, and failure to call a witness because counsel's decisions were reasonable strategic choices or were not attributable to dereliction. The court further concluded that the record did not establish cumulative ineffective assistance warranting relief.