State ex rel. Parsons v. Zakaib

MeGRAW, Justice:

This original proceeding in prohibition raises the issue of whether the Circuit Court of Kanawha County exceeded its legitimate powers by failing to apply the recently-promulgated Rules Governing Posb-Conviction Habeas Corpus Proceedings in West Virginia (hereafter the “Habeas Corpus Rules”) to a discovery dispute arising in a case pending at the time such rules were adopted. Because application of the new Habeas Corpus Rules in such a context was obviously both feasible and worked no injustice on the parties, we conclude that the lower court overstepped its authority in…