# White v. Haines

> West Virginia Supreme Court · March 15, 2004 · 215 W. Va. 698

URL: https://www.frixlaw.com/law-library/cases/9848424

## Case

- **Full name:** Judson WHITE, Petitioner Below, Appellant, v. William HAINES, Warden, Respondent Below, Appellee
- **Court:** West Virginia Supreme Court
- **Decided:** March 15, 2004
- **Citations:** 215 W. Va. 698; 601 S.E.2d 18; 2004 W. Va. LEXIS 13
- **Precedential status:** Published
- **Opinion:** Concurrence by McGraw
- **Judges:** McGraw
- **Cited by:** 107 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9848424

## How later opinions describe it (automated extraction)

- affirming denial of prisoner’s second habeas petition, finding that it “is difficult to muster any sound reasoning for giving [him] another bite at the apple”
- affirming circuit court’s denial of second habeas petition based on determination that petitioner was not entitled to “another bite at the apple”
- affirming denial of the petitioner’s second habeas petition, finding that “it is difficult to muster any sound reasoning for giving [him] another bite at the apple”

## Opinion text

MCGRAW, Justice,
concurring.
I concur with the majority’s decision to affirm the defendant’s conviction, but I write separately to highlight the cautionary tale that Mr. White’s case provides. The public often accuses the judiciary of providing criminals a “revolving door” on the jailhouse— letting criminals out too soon and giving them yet another chance to break the law.
I am pleased that the Court chose to close the door on Mr. White. The record shows that Mr. White has demonstrated a total lack of ability to stay out of trouble. He was charged in December 1985 with forgery and uttering, and again in January 1986 for another forgery. He was charged in April 1986 for breaking and entering and public intoxication. A judge let him out in 1989, and he committed another breaking and entering. He went back to prison in 1991, but was paroled in 1994, after which he robbed a bank. The majority is correct in affirming Mr. White’s conviction, and preventing him from continuing his life of crime.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9848424. Public record. Not legal advice.