State Ex Rel. Miller v. Bordenkircher

This is an original habeas corpus proceeding to contest the validity of petitioner’s confinement in the state penitentiary at Moundsville. We issued the writ on September 9, 1980, returnable to this Court on October 21, 1980.

Petitioner, Earl T. Miller, was indicted on October 17, 1974, on a charge of forcible rape in violation of W.Va. Code, 61-2-15. He was convicted by a jury on March 28,1975, and, in accordance with the verdict not recommending mercy, sentenced to life imprisonment without eligibility for parole on March 31, 1975.

Petitioner applied for a Writ of Error and Supersedeas in…