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RAY v. McCOY

No. 16286.

321 S.E.2d 90 (1984)

Connie RAY and Kathy Schofield v. W. Joseph McCOY, et al.

Supreme Court of Appeals of West Virginia.

Concurring Opinion July 19, 1984.

Dissenting Opinion September 27, 1984.

Attorney(s) appearing for the Case

Ernest V. Morton, Jr., Webster Springs, for petitioners.

Silas B. Taylor, Asst. Atty. Gen., Charleston, for respondents.

NEELY, Justice:

Two West Virginians, sentenced under the law of the State of West Virginia but currently incarcerated across the continent in the State of California, petitioned this Court for a writ of habeas corpus to compel the Commissioner of the West Virginia Department of Corrections to return them to custody in West Virginia. As imprisonment of state convicts beyond the borders of West Virginia is in controvention of W.Va. Const. art. III, § 5,...

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