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STATE v. JAMES

Nos. 35557, 35561, 35762.

710 S.E.2d 98 (2011)

STATE of West Virginia, Defendant Below, Appellee v. Charles J. JAMES, Plaintiff Below, Appellant. State of West Virginia, Defendant Below, Appellee v. Jerry Lee Hedrick, Plaintiff Below, Appellant. State of West Virginia, Defendant Below, Appellee v. Steven Daniels, Plaintiff Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 2, 2011.

Attorney(s) appearing for the Case

Shayne M. Welling , Wheeling, WV, for Appellant, James.

Stephen G. Jory , Michael W. Parker , McNeer, Highland, McMunn and Varner, Elkins, WV, for Appellant, Hedrick.

Dwayne J. Adkins , Logan County Public Defender, Logan, WV, for Appellant, Daniels.

Robert D. Goldberg , Attorney General's Office, Charleston, WV, for Appellee.

Dennis V. DiBenedetto , Grant County Prosecutor, Petersburg, WV, for Appellee.

Laura J. Young , Attorney General's Office, Charleston, WV, for Appellee.

McHUGH, Justice:

The pending matter involves three cases consolidated for purposes of appeal1 to address challenges to the constitutionality of West Virginia Code § 62-12-26 (2009), providing for a period of extended supervision following release from incarceration for certain sex offenders. While the particular arguments of the appellants vary, the collective basis for challenging the statute as facially unconstitutional on both...

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