State of West Virginia v. Joe Roger Lane

The application of West Virginia's recidivist statute, set forth in W. Va. Code §§ 61-11-18(c) and 61-11-19 (2000) (read in para materia , hereinafter "recidivist statute"), has undergone a significant transformation by this Court over the past four decades. Beginning with Wanstreet v. Bordenkircher , 166 W. Va. 523, 276 S.E.2d 205 (1981), this Court has gradually strayed from a straightforward and consistent application of the clear language of the statute to engage in an ever-evolving effort to reformulate the statute and impose a myriad of hurdles to its application. While this evolution…