State Ex Rel . Harris v. Calendine

Neely, Justice:

This habeas corpus proceeding calls into question the constitutional validity of West Virginia’s classification and disposition of juvenile offenders. The Court does not find unconstitutional W. Va. Code, 49-1-4 (1941), which defines a “delinquent child,” or W. Va. Code, 49-5-11 (1975), which authorizes certain methods of disposition for children adjudged delinquent; nevertheless, we find that definite guidelines are needed to prevent these statutes from being unconstitutionally applied in violation of West Virginia Constitution, Art. Ill, § 10, the due process clause, and West…