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HOUSDEN v. LEVERETTE

No. 14065.

241 S.E.2d 810 (1978)

Raymond S. HOUSDEN v. Bobby LEVERETTE, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

March 7, 1978.

Attorney(s) appearing for the Case

Radosh & Askin, Steven M. Askin, Martinsburg, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, for respondent.

McGRAW, Justice:

In this original habeas corpus proceeding, filed on October 17, 1977, the relator (petitioner) contends the life sentence imposed under this state's habitual offender statute, W.Va.Code §§ 61-11-18 & 19, by the Circuit Court of Jefferson County is void on several grounds. Primarily, petitioner assails the life sentence on the ground that it constitutes cruel and unusual punishment, but he also attacks the validity of one of the underlying...

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