Morrison v. Holland

MILLER, Chief Justice:

In this original proceeding in habeas corpus, the relator, Randy M. Morrison, asserts that his due process rights were violated when the trial court over his objection gave an alibi instruction that had been held constitutionally deficient in Adkins v. Bordenkircher, 674 F.2d 279 (4th Cir.), cert. denied, 459 U.S. 853, 103 S.Ct. 119, 74 L.Ed.2d 104 (1982), and State v. Kopa, 173 W.Va. 43, 311 S.E.2d 412 (1983).

The relator was indicted in January, 1980 by a Kanawha County grand jury for the crime of robbery by violence. The alleged crime took place on August 30, 1979. The…