W. Va. R. Habeas Corpus 9

(a) Determination by court. — If the petition is not dismissed at a previous stage in the proceeding, the circuit court, after the answer is filed, shall, upon a review of the record, if any, determine whether an evidentiary hearing is required. If the court determines that an evidentiary hearing is not required, the court shall include in its final order specific findings of fact and conclusions of law as to why an evidentiary hearing was not required.

(b) Hearing. — If the court determines that an evidentiary hearing is necessary, the court shall hold a hearing and/or take evidence on the matters raised in the petition. The court shall pass upon all issues of fact without a jury. The court shall inquire on the record as to whether the petitioner has raised all available grounds for habeas corpus relief. The court shall also ascertain on the record whether the petitioner has knowingly and intelligently waived all grounds for habeas corpus relief not asserted. The court may also provide for one or more hearings to be held and/or evidence to be taken in any other county or counties in the State.

(c) Order. The court shall draft a comprehensive order including: (1) findings as to whether a state and/or federal right was presented in each ground raised in the petition; (2) findings of fact and conclusions of law addressing each ground raised in the petition; (3) specific findings as to whether the petitioner was advised concerning his obligation to raise all grounds for post conviction relief in one proceeding; and (4) if the petitioner appeared pro se, specific findings as to whether the petitioner knowingly and intelligently waived his right to counsel.