Dean v. Skeen

Riley, PRESIDENT:

In this proceeding in habeas corpus ad subjiciendum of Homer Jack Dean against Oral Skeen, Warden of the West Virginia penitentiary, instituted in the Circuit Court of Marshall County, the circuit court overruled the respondent’s demurrer to the petition and on the joint motion of the parties certified two questions to this Court: (1) After a full pardon, can a former conviction be used in order to impose a sentence under the habitual criminal act; and (2) can a habeas corpus proceeding be maintained to set aside an illegal sentence before the expiration date of that portion…