Shamblin v. Hey

Neely, Justice:

The sole question presented in this summary petition for bail is whether a circuit court has jurisdiction to award bail to a convicted, incarcerated felon pending a post conviction habeas corpus proceeding after the writ has been issued but before determination of the merits. The Circuit Court of Kanawha County held that since the petitioner was under conviction for a felony and there was no direct statutory authority under W. Va. Code, 53-4A-1 [1967] et seq., (the post conviction habeas corpus statute) for the granting of bail pending a post conviction habeas corpus…