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LOSH v. McKENZIE

Case No. 14174.

277 S.E.2d 606 (1981)

Russell D. LOSH v. Arthur L. McKENZIE, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

May 5, 1981.

Attorney(s) appearing for the Case

Larry N. Sullivan, Parkersburg, for petitioner.

Chauncey H. Browning, Jr., Atty. Gen., Michael G. Clagett, Asst. Atty. Gen., Charleston, for defendant.

NEELY, Justice:

This case squarely presents an issue which was touched upon tangentially in Call v. McKenzie, W.Va., 220 S.E.2d 665 (1975), namely the extent to which principles of res judicata apply in post-conviction habeas corpus proceedings. Appellant, Russell D. Losh, appeals a summary dismissal of his petition for a writ of habeas corpus because the court failed to...

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