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ADKINS v. BORDENKIRCHER

No. 14626.

262 S.E.2d 885 (1980)

Mancel D. ADKINS et al. v. Donald E. BORDENKIRCHER, Superintendent, West Virginia Penitentiary, as successor to Richard Mohn.

Supreme Court of Appeals of West Virginia.

Rehearing Denied March 27, 1980.

Attorney(s) appearing for the Case

Bachmann, Hess, Bachmann & Garden and George E. McLaughlin, Wheeling, for petitioners.

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

MILLER, Justice:

The petitioners in these original habeas corpus proceedings are 16 inmates of the West Virginia State Penitentiary at Moundsville.1 They contend that the new "good time" statute, W.Va.Code, 28-5-28 [1977], has been applied to their sentences in an ex post facto manner, in contravention of Article I, Section 10 of the United States Constitution and Article III, Section 4 of the West Virginia Constitution.

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