State v. Gary

Miller, Justice:

This is an appeal from a summary denial of a petition for bail following the petitioner’s conviction of second degree murder in the Circuit Court of Upshur County. We conclude that in order to implement the provisions of the bail statute,1 it is incumbent on circuit courts, where bail is sought and opposed by the State, to provide a *137hearing and a written statement of the reasons for its decision.

This Court, in State ex rel. Hutzler v. Dostert, _ W. Va. _, 236 S.E.2d 336 (1977), recognized that bail following conviction of a felony is a matter of discretion for the trial court.…