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SCHOFIELD v. W.VA. DEPT. OF CORRECTIONS

No. 19708.

406 S.E.2d 425 (1991)

Kathy Jo SCHOFIELD v. WEST VIRGINIA DEPARTMENT OF CORRECTIONS.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion of Justice Workman July 29, 1991.

Attorney(s) appearing for the Case

Michele L. Rusen, Asst. Pros. Atty., Robert Waters, Asst. Pros. Atty., Parkersburg, for West Virginia Dept. of Corrections.

Rom Rodd, Milton Zelermyer, Morgantown, for Kathy Jo Schofield.

NEELY, Justice:

Kathy Jo Schofield was convicted of first-degree murder without a recommendation of mercy by a Wood County jury in December 1982. Her conviction was affirmed by this Court in State v. Schofield, ___ W.Va. ___, 331 S.E.2d 829 (1985). In 1987 Ms. Schofield petitioned the Circuit Court of Monongalia County for post-conviction habeas corpus relief under W.Va. Code, 53-4A-1 [1967] et seq. Ms. Schofield...

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