Adkins v. Leverette

Miller, Justice:

This case involves the question of whether our decision in Conner v. Griffith, W.Va., S.E.2d, (1977), should be applied retroactively. In Conner, we held that upon parole revocation, the failure to credit time spent on parole to the underlying sentence violates the Double Jeopardy Clause of the West Virginia Constitution.

Adkins filed this original proceeding for a writ of ha-beas corpus seeking to obtain the benefit of the Conner rule, even though his parole revocation occurred before that decision.

The concept of retroactivity determines how a case which substantially alters a…