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HUGHES v. GWINN

No. 15060.

290 S.E.2d 5 (1981)

Christine E. HUGHES v. Philip GWINN, Warden, W. Va. Penitentiary for Women at Pence Springs.

Supreme Court of Appeals of West Virginia.

March 17, 1981.

Attorney(s) appearing for the Case

Don R. Sensabaugh, Jr., Kay, Casto & Chaney, Charleston, for petitioner.

Chauncey H. Browning, Atty. Gen., Richard S. Glaser, Jr., Asst. Atty. Gen., Charleston, for respondent.

NEELY, Justice:

In this original habeas corpus we are asked to determine the scope of a probationer's constitutional rights before a probation revocation proceeding has been initiated. Specifically, we are asked to consider: (1) when the right to counsel attaches; (2) whether there is the right to be advised of constitutional rights pursuant to the mandate of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966...

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