Cannellas v. McKenzie

My dissent from the decision of the Court’s majority opinion in this case is compelled by the unrealistic and unjustifiable findings, reasoning and conclusions claimed to have been deduced from the record before the Court. A careful examination, screening and analysis of the record, the accepted and lawful basis on which a court’s judgment and action are based, do not sustain and substantiate the grounds and bases employed by the Court in granting the writ of habeas corpus. On September 13, 1976, a petition for a writ of error from the judgment of the Circuit Court of McDowell County in…