State v. James

McHUGH, Justice:

The pending matter involves three eases consolidated for purposes of appeal 1 to address challenges to the constitutionality of West Virginia Code § 62-12-26 (2009), providing for a period of extended supervision following release from incarceration for certain sex offenders. While the particular arguments of the appellants vary, the collective basis for challenging the statute as facially unconstitutional on both federal and state grounds is that the statutory provisions constitute cruel and unusual punishment, violate due process rights, and serve to subject a person to…