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SHAMBLIN v. HEY

No. 14540.

256 S.E.2d 435 (1979)

Champie H. SHAMBLIN v. Honorable Judge John HEY and West Virginia Board of Probation and Parole and William Whyte, etc.

Supreme Court of Appeals of West Virginia.

July 12, 1979.

Attorney(s) appearing for the Case

Robert L. White, Charleston, for petitioner.

Chauncey H. Browning, Atty. Gen., Joseph C. Cometti, Asst. Atty. Gen., Charleston, for respondents.

NEELY, Justice:

The sole question presented in this summary petition for bail is whether a circuit court has jurisdiction to award bail to a convicted, incarcerated felon pending a post conviction habeas corpus proceeding after the writ has been issued but before determination of the merits. The Circuit Court of Kanawha County held that since the petitioner was under conviction for a felony and there was no direct statutory authority under W.Va.Code, 53-4A...

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