Lewis v. Henry

In this original proceeding in mandamus, the relator, Michael Lewis, seeks to compel the Circuit Court of Berkeley County either to dismiss the charges pending against him or to schedule an immediate trial. Mr. Lewis’ main contention is that the delay of his trial violates the one-term rule under W.Va.Code, 62-3-1 [1981] and his constitutional right to a speedy trial. We conclude that Mr. Lewis is not entitled to a writ of mandamus.

On February 21, 1990 Mr. Lewis was arrested and charged with aiding and abetting in the murder of his wife, Sharon Lewis. Mr. Lewis was immediately incarcerated…