ELDER v. SCOLAPIA

No. 11-1156.

738 S.E.2d 924 (2013)

Charles ELDER, Defendant Below, Petitioner v. Annabelle SCOLAPIA, Home Incarceration Officer for Harrison County, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided February 22, 2013.


Attorney(s) appearing for the Case

Steven T. Cook, Esq. , Stapleton Law Offices, Huntington, WV, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Laura Young, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.


LOUGHRY, Justice:

Petitioner Charles R. Elder appeals from the denial of his petition for a writ of habeas corpus as set forth in two orders separately entered by the Circuit Court of Harrison County on July 11, 2011. Mr. Elder, who is serving a criminal sentence by the alternate means of home incarceration,1 sought relief in habeas corpus solely for sentencing and post-sentencing matters. Following an omnibus hearing, the trial court...

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