Gibson v. Dale
In Gibson v. Dale, 173 W.Va. 681, 319 S.E.2d 806 (1984), the Court explained that the post-conviction habeas corpus statute envisions that the decision regarding whether to conduct an evidentiary hearing is left "in large part to the sound discretion of court before which the writ is made returnable." 173 W. Va. at 688, 319 S.E.2d at 813.
"This discretion is not unlimited, however, and the court must be guided by the necessities of each particular case." Id. at 688-89, 319 S.E.2d at 813.
The Gibson Court noted that the statute "clearly contemplates that a petitioner for post-conviction habeas corpus review is entitled to careful consideration of his claims for relief. . . ." Id. at 689, 319 S.E.2d at 814.