State ex rel. Patton v. Rubenstein

(Filed July 2, 2003)

I respectfully dissent to the majority’s opinion, based upon the absence of meaningful consideration of mitigating circumstances and alternative dispositions and upon the Board’s failure to satisfy the principles announced in State ex rel. Eads v. Duncil, 196 W.Va. 604, 474 S.E.2d 534 (1996).

In Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), the United States Supreme Court explained that a parole revocation proceeding is a two-step process. The first step in a revocation decision involves the “wholly retrospective factual question” of whether a…