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STATE EX REL. WYANT v. BROTHERTON

No. 30904, 30907.

589 S.E.2d 812 (2003)

214 W.Va. 434

STATE of West Virginia ex rel. Roger WYANT, Petitioner, v. Keith BROTHERTON, Clerk, Circuit Court of Jackson County, Respondent. and State of West Virginia ex rel. Lorenzo D. Valentine, Petitioner, v. The Honorable John R. Frazier, Judge, Circuit Court of Mercer County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2003.

Concurring and Dissenting Opinion Justice Albright December 5, 2003.

Attorney(s) appearing for the Case

Roger Wyant, Mt. Olive, Petitioner, Pro Se.

Rebecca Stafford, Jackson County Prosecuting Attorney, Ripley, for Respondent Keith Brotherton.

Lorenzo D. Valentine, Huttonsville, Petitioner, Pro Se.

William J. Sadler, Mercer County Prosecuting Attorney, Princeton, for Respondent John R. Frazier, Judge.

DAVIS, Justice.

In these two cases invoking the original jurisdiction of this Court, two inmates seek to use the West Virginia Freedom of Information Act to obtain certain documents from a circuit court for the purposes of filing petitions for writs of habeas corpus. We conclude that inmates must comply with the Rules Governing Post-Conviction Habeas Corpus Proceedings in order to obtain court documents for such purposes. Accordingly, we deny the requested writs....

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