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STATE EX REL. FORBES v. CAPERTON

Nos. 23575, 23577, 23576, 23578.

481 S.E.2d 780 (1996)

198 W.Va. 474

STATE of West Virginia ex rel. William C. FORBES, Petitioner Below, Appellee v. Honorable Gaston CAPERTON, Governor, State of West Virginia, and West Virginia Board of Parole, Respondents Below, Appellants and John Wayne FORD, Appellant. STATE of West Virginia ex rel. William C. FORBES, Prosecuting Attorney in and for Kanawha County, Petitioner Below, Appellee v. Honorable Gaston CAPERTON, Governor, State of West Virginia, and West Virginia Board of Parole Respondents Below, Appellants. STATE of West Virginia ex rel. William D. MOOMAU, Hardy County Prosecuting Attorney, Petitioner Below, Appellee, v. Gaston CAPERTON, Governor, State of West Virginia, and West Virginia Parole Board, Respondents Below, Appellants and Robert Meade LEACH, Appellant. STATE of West Virginia ex rel. William D. MOOMAU, Hardy County Prosecuting Attorney, Petitioner Below, Appellee, v. Gaston CAPERTON, Governor, State of West Virginia, and West Virginia Parole Board, Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1996.

Attorney(s) appearing for the Case

Mary Beth Kershner, Assistant Prosecuting Attorney, Charleston, for William C. Forbes.

Donald L. Darling, Senior Deputy Attorney General, Chad Cardinal, Assistant Attorney General, Charleston, for Honorable Gaston Caperton, Governor, and West Virginia Parole Board.

George Castelle, Chief Public Defender, Lonnie C. Simmons, DiTrapano & Jackson, Charleston, for John Wayne Ford.

William D. Moomau, Hardy County Prosecuting Attorney, Moorefield, Pro Se.

David Schles, Stowers & Associates, Charleston, for Robert Meade Leach.

WORKMAN, Justice:

We consolidated these four appeals1 because they arise from two cases involving similar factual and legal issues that were decided by the Circuit Court of Kanawha County. In the proceedings before the circuit court, William C. Forbes, Prosecuting Attorney of Kanawha County, and William D. Moomau, Prosecuting Attorney of Hardy County, Appellees herein and petitioners below (hereinafter Prosecutor Forbes, Prosecutor Moomau...

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