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STATE EX REL. SMITH v. SKAFF

No. 21127.

420 S.E.2d 922 (1992)

187 W.Va. 651

STATE of West Virginia ex rel. Ricky Lee SMITH, Plaintiff Below, Petitioner, v. Major General Joseph J. SKAFF, Secretary, Department of Public Safety; Nicholas J. Hun, Commissioner, Division of Corrections; Jerry Dietrick, Superintendent, Eastern Regional Jail; and West Virginia Board of Probation and Parole, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 23, 1992.

Attorney(s) appearing for the Case

David H. Sanders, Public Defender Corp., Martinsburg, for petitioner.

Rita Stuart, Asst. Atty. Gen., Charleston, for respondents Major General Joseph J. Skaff and Nicholas J. Hun.

Richard M. Gutmann, Asst. Atty. Gen., Charleston, for respondents West Virginia Regional Jail and Correctional Facility Authority and West Virginia Bd. of Probation and Parole.

WORKMAN, Justice:

This case is before the Court on a petition of habeas corpus whereby the petitioner Ricky Lee Smith seeks to invoke the original jurisdiction of this Court as the only remedy available to him to obtain release from his illegal incarceration in the Eastern Regional Jail in Martinsburg, West Virginia (hereinafter referred to as the regional jail).1 The petitioner argues that 1) he has been illegally confined in the regional...

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