STATE EX REL. PHALEN v. ROBERTS

No. 20-1023.

858 S.E.2d 936 (2021)

STATE of West Virginia EX REL. Scott PHALEN, Petitioner, v. Craig ROBERTS, Superintendent, South Central Regional Jail, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 16, 2021.


Attorney(s) appearing for the Case

John Sullivan, Esq. , Ronni Sheets, Esq. , Kanawha County Public, Defender Office, Charleston, West Virginia, Counsel for Petitioner.

Patrick Morrisey, Esq. , West Virginia Attorney General, Briana J. Marino, Esq. , Andrea Nease Proper, Esq. , Assistant Attorneys General, Counsel for Respondent.


West Virginia law provides that any inmate may be paroled after serving one-fourth of a definite term sentence. W. Va. Code § 62-12-13(b)(1)(A) [2021]. After serving one-fourth of his ten-year definite term sentence for violating conditions of his supervised release, Petitioner Scott Phalen was released on parole. However...

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