SCOTT v. MOHN

No. 14764.

268 S.E.2d 117 (1980)

Clarence L. SCOTT v. Richard G. MOHN, Superintendent West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

July 15, 1980.


Attorney(s) appearing for the Case

James M. Cagle, Charleston, for petitioner.

Chauncey H. Browning, Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for respondent.


CAPLAN, Justice:

The petitioner, Clarence L. Scott, invoking the original jurisdiction of this Court, filed a petition for a writ of habeas corpus. We granted the writ and, his petition being filed in forma pauperis, counsel was appointed to represent him. The petitioner alleges that he was denied due process and equal protection of the law (1) by permitting trial and sentence on an allegedly void indictment and (2) by reason of ineffective assistance of counsel....

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