Robert L. Holcomb v. David Ballard

No. 12-0396 – Holcomb v. Ballard FILED October 17, 2013 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS LOUGHRY, Justice, concurring: OF WEST VIRGINIA Given the mandatory procedural requirement that a defendant be arraigned on a recidivist information during the same term of court in which he or she was convicted on the triggering offense, I concur in the Court’s judgment. I write separately, however, to express my view that this rigid and arbitrary statutory requirement, as demonstrated by the facts of this case, is contrary to the spirit and intent of our recidivist…