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STATE EX REL. JOHNSON v. McKENZIE

No. 13714.

226 S.E.2d 721 (1976)

STATE ex rel. Robin Dale JOHNSON v. Arthur L. McKENZIE, acting warden, West Virginia State Penitentiary.

Supreme Court of Appeals of West Virginia.

July 23, 1976.

Attorney(s) appearing for the Case

W. Jack Stevens, Hamlin, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Charleston, for respondent.

FLOWERS, Justice:

In this original proceeding in habeas corpus, the relator, Robin Dale Johnson, seeks discharge from confinement in the West Virginia Penitentiary. The relator premises his prayer for discharge upon the failure of the State of West Virginia to provide him with a transcript of trial proceedings for which he had made a timely request. The legal consequence of his inability to obtain a transcript has been to deny him of his due process right to apply...

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