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STATE EX REL. SAMS v. KIRBY

Nos. 26647, 26909, 26910, 27308, 27309 and 26911.

542 S.E.2d 889 (2000)

208 W.Va. 726

STATE of West Virginia ex rel. Daniel L. SAMS, Petitioner, v. Paul W. KIRBY, Commissioner, Division of Corrections, Steven D. Canterbury, Executive Director of the Regional Jail and Correctional Facility Authority, et al., Respondents. State of West Virginia ex rel. Jason Spiker, Petitioner, v. Paul W. Kirby, Commissioner, Division of Corrections, Steven D. Canterbury, Executive Director of the Regional Jail and Correctional Facility Authority, et al., Respondents. State of West Virginia ex rel. John G. Benger, Petitioner, v. Paul W. Kirby, Commissioner, Division of Corrections, Steven D. Canterbury, Executive Director of the Regional Jail and Correctional Facility Authority, et al., Respondents. State of West Virginia ex rel. Earl Puffenburger, Petitioner, v. Paul W. Kirby, Commissioner, Division of Corrections, Steven D. Canterbury, Executive Director of the Regional Jail and Correctional Facility Authority, et al., Respondents. State of West Virginia ex rel. Eric C. Robinson, Petitioner, v. Paul W. Kirby, Commissioner, Division of Corrections, Steven D. Canterbury, Executive Director of the Regional Jail and Correctional Facility Authority, et al., Respondents. State of West Virginia ex rel. Coleen Roath, Appellant, v. Major General Otis Cox, Secretary of the Department of Public Safety, William K. Davis, Commissioner, Division of Corrections, and Shannon Markle, Administrator, Central Regional Jail, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 8, 2000.

Attorney(s) appearing for the Case

George Castelle, Esq., Kanawha County Public Defender, Charleston, West Virginia, for all Petitioners.

Chad M. Cardinal, Esq., General Counsel, West Virginia Regional Jail and Correctional Facility, Charleston, West Virginia, Attorney for West Virginia Regional Jail and Correctional Facility.

W.T. Weber, Esquire, Weber & Weber, Weston, West Virginia, Attorney for Appellant Roath.

Darrell V. McGraw, Jr., Attorney General, Charles Houdyschell, Jr , Assistant Attorney General, Charleston, West Virginia, Attorneys for all Respondents.

PER CURIAM:

I.

BACKGROUND

Petitioners are all inmates who have been sentenced to what is commonly referred to as "prison," i.e., they have been sentenced to terms of confinement in facilities of the West Virginia Division of Corrections (the "DOC"). However, such sentences notwithstanding, the petitioners remain confined in jails, which are not operated by the DOC. The record and arguments of counsel demonstrate that over 850 prisoners who have...

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