¶1dissenting.
¶2I dissent from the result and the reasoning in this opinion for the reasons set forth in my dissent in a case of similar structure and effect, Mugnano v. Painter, 212 W.Va. 831, 834, 575 S.E.2d 590, 593 (2002). As in Mug-nano, appellant here deserved legal representation to fully evaluate and present the particular grounds for habeas corpus relief.