State Ex Rel. Faircloth v. Catlett

Harshbarger, Justice:

We wrote about post-conviction bail for armed robbery defendants in Conley v. Dingess, 162 W.Va. 414, 250 S.E.2d 136 (1978). We have reconsidered the question, and overrule Conley so far as it is inconsistent with this opinion.

Rodney Lee Faircloth was indicted for aiding and abetting armed robbery. He was released on $5,000 bail before trial. After a jury verdict of guilty, he was sentenced to a term of ten years in the penitentiary, and his court-appointed counsel moved for post-conviction bail pending appeal. The trial court denied the motion, relying on Conley’s…