State Ex Rel. Hawks v. Lazaro

Neely, Justice:

This original proceeding in habeas corpus challenges the constitutional validity of Chapter 27, Article 5, Section 4 of the Code of West Virginia, 1931, as amended. Petitioner, Ronald Lee Hawks, was committed to the Huntington State Hospital for an indeterminate period pursuant to a May 19, 1969 order and an August 29, 1973 order of the McDowell County Mental Hygiene Commission. On June 5, 1973 petitioner filed a petition in this Court for a writ of habeas corpus ad subjiciendum which alleged that petitioner has been illegally confined because: (1) petitioner was not afforded…