Robert Lee Lewis v. Tom Harlan, Superintendent, Huttonsville Correction Center
CourtWest Virginia Supreme Court
Date FiledNovember 5, 2026
Docket24-707
StatusUnpublished
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Full Opinion
FILED
November 5, 2026
C. CASEY FORBES, CLERK
STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS
SUPREME COURT OF APPEALS OF WEST VIRGINIA
Robert Lee Lewis,
Petitioner Below, Petitioner
v.) No. 24-707 (Kanawha County CC-20-2024-P-257)
Tom Harlan, Superintendent,
Huttonsville Correctional Center,
Respondent Below, Respondent
MEMORANDUM DECISION
Petitioner Robert Lee Lewis appeals the October 18, 2024, order of the Circuit Court of
Kanawha County denying the instant petition for a writ of habeas corpus.1 The petitioner argues
that the circuit court erred in denying relief based upon its finding that the doctrine of res judicata
barred his habeas claims. Upon our review, finding no substantial question of law and no
prejudicial error, we determine that oral argument is unnecessary and that a memorandum decision
affirming the circuit court’s order is appropriate. See W. Va. R. App. P. 21(c).
In November 2009, a jury convicted the petitioner of burglary by entering without
breaking, abduction with intent to defile, and second-degree sexual assault. Also, the petitioner
pleaded guilty to violating a domestic violence protective order. In March 2010, the petitioner was
convicted of being a recidivist. After the recidivist trial, the circuit court sentenced the petitioner
to the following terms of incarceration: one to fifteen years for burglary; three to ten years for
abduction with intent to defile; and twelve months for violating the domestic violence protective
order. Based on the recidivist conviction, the circuit court enhanced the petitioner’s sentence for
second-degree sexual assault by increasing the statutory term of ten to twenty-five years of
incarceration to twenty to twenty-five years of incarceration as provided for in West Virginia Code
§ 61-11-18(a), the recidivist sentencing statute. This Court affirmed the petitioner’s convictions
and his recidivist sentence in State v. Lewis (“Lewis I”), 235 W. Va. 694, 776 S.E.2d 591 (2015).
In so doing, the Court found that sufficient evidence existed that the petitioner burglarized the
premises “of another” pursuant to West Virginia Code § 61-3-11(a) because “the petitioner did not
have the right to possess the premises under the terms of the domestic violence protective order,
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The petitioner is a self-represented litigant. Due to the petitioner’s transfer, the
superintendent of Huttonsville Correctional Center has been substituted as the respondent. See W.
Va. R. App. P. 41(c). The respondent appears by Attorney General John B. McCuskey and
Assistant Attorney General Sandra M. Walls. Because a new Attorney General took office while
this appeal was pending, his name has been substituted as counsel.
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[and] the victim’s exclusive possession of her residence at that time was sufficient to convict the
petitioner of burglary.” Id. at 703-04, 776 S.E.2d at 600-01.
In a subsequent habeas proceeding, the circuit court denied relief based, in part, upon this
Court’s decision in Lewis I. While the petitioner asserted that his conviction and sentence for
burglary violated due process of law, the circuit court determined that the petitioner’s argument
was foreclosed by Lewis I. In Lewis v. Ames, (“Lewis II”) 242 W. Va. 405, 836 S.E.2d 56 (2019),
this Court affirmed the denial of habeas relief, concluding, in pertinent part, that the petitioner was
raising issues “previously and finally adjudicated on the merits.” Id. at 409, 836 S.E.2d at 60. In
addition, this Court in Lewis II observed that while the petitioner also raised “ineffective assistance
of counsel of both trial and [direct] appellate counsel” on appeal, those issues were waived as “not
[being] raised in the petition for [a writ of] habeas corpus[.]” Id. at 410, 836 S.E.2d at 61 (citing
Losh v. McKenzie, 166 W.Va. 762, 277 S.E.2d 606 (1981), in which we delineated the scope of
the doctrine of res judicata in habeas proceedings).
The petitioner filed the instant habeas petition in June 2024, asserting (1) plain error in the
State’s bringing the burglary charge because the victim’s presence at the residence this Court
identified in Lewis I as belonging to the victim was “as a guest only”; (2) ineffective assistance of
trial counsel for failing (a) to investigate the petitioner’s claim that he was “the sole lawful tenant”
of the residence and (b) to challenge as plain error the trial court’s finding that the victim had
lawful possession of the residence; and (3) denial of a fair trial because the jury was allowed to
consider the erroneous charge of burglary even though the petitioner was “the sole lawful tenant
at that residence.” In an October 18, 2024, order, the circuit court denied the petition, finding that
the doctrine of res judicata barred the petitioner’s habeas claims. The petitioner now appeals the
denial of habeas relief. We review the circuit court’s order “and the ultimate disposition under an
abuse of discretion standard; the underlying factual findings under a clearly erroneous standard;
and questions of law are subject to a de novo review.” Syl. Pt. 1, in part, Mathena v. Haines, 219
W. Va. 417, 633 S.E.2d 771 (2006).
The circuit court thoroughly considered and addressed each of the petitioner’s claims.
Upon our review, we conclude that the petitioner has not satisfied his burden of demonstrating
error in the court’s rulings, and we find none. See Syl. Pt. 2, Dement v. Pszczolkowski, 245 W. Va.
564, 859 S.E.2d 732 (2021) (“On an appeal to this Court the appellant bears the burden of showing
that there was error in the proceedings below resulting in the judgment of which he complains, all
presumptions being in favor of the correctness of the proceedings and judgment in and of the trial
court.” (quoting Syl. Pt. 2, Perdue v. Coiner, 156 W. Va. 467, 194 S.E.2d 657 (1973))).
Accordingly, we find that the circuit court did not abuse its discretion in denying habeas relief.
For the foregoing reasons, we affirm.
Affirmed.
ISSUED: November 5, 2026
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CONCURRED IN BY:
Chief Justice C. Haley Bunn
Justice William R. Wooton
Justice Charles S. Trump IV
Justice H. L. Kirkpatrick
Justice James W. Flanigan
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