State Ex Rel. Shifflet v. Rudloff

Petitioner John H. Shifflet requests a Writ of Habeas Corpus permitting his release on bond. Police in Berkeley County arrested Mr. Shifflet for bank robbery on October 3, 2001. He remained in jail or in a mental hospital for over a year without having his case presented to a grand jury. Subsequent to the filing of his petition with this Court, but prior to oral argument in his ease, a special grand jury in Berkeley County indicted him for bank robbery. Mr. Shifflet argues that W. Va.Code § 62-2-12 (1923) requires the state to indict an incarcerated person within two terms of court or, in the…