Crain v. Bordenkircher

Our previous opinion of Crain v. Bordenkircher, 189 W.Va. 588, 433 S.E.2d 526 (1993) (Crain X), decided on July 16, 1993, dealt with the status of the operational and administrative plans for the Mount Olive Correctional Complex (MOCC). The MOCC is being built to correct the constitutional deficiencies that existed at the Moundsville Penitentiary and that were discussed in Crain v. Bordenkircher, 176 W.Va. 338, 342 S.E.2d 422 (1986) (Crain I).1

In Crain X, we cited our traditional Syllabus:

“‘This Court has a duty to take such actions as are necessary to protect and guard the Constitution of…