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HENSLER v. CROSS

No. 29563.

558 S.E.2d 330 (2001)

210 W.Va. 530

Michael M. HENSLER, Petitioner Below, Appellant, v. David B. CROSS, Sergeant T.R. Cox, Magistrate Michael Allman and Magistrate Michael Fuscardo, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 7, 2001.

Concurring Opinion of Justice Starcher December 13, 2001.

Attorney(s) appearing for the Case

Gregory J. Campbell, Esq., Campbell & Turkaly, Charleston, West Virginia, Attorney for Appellant.

David B. Cross, Esq., Prosecuting Attorney of Brooke County, Wellsburg, West Virginia and Darrel V. McGraw, Jr., Esq., Attorney General, Dolores A. Martin, Esq., Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellees.

William J. Charnock, Esq., West Virginia Prosecuting Attorneys Institute, Amicus Brief.

MAYNARD, Justice:

The appellant, Michael M. Hensler, appeals the January 5, 2001 order of the Circuit Court of Brooke County which denied his request for a writ of prohibition and ordered him to comply with the registration provisions of the Sex Offender Registration Act (Act), W.Va.Code §§ 15-12-1 to 10. He asks this Court to find that the Act, as it applies to him, violates ex post facto principles. We decline to so find and affirm.

I....

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