Legal Opinion
Adkins v. Bordenkircher
West Virginia Supreme Court
Decided February 12, 1980No. 14626PublishedCited by 47 opinions
1Opinion of the Court
Miller, Justice:
The petitioners in these original habeas corpus proceedings are 16 inmates of the West Virginia State Penitentiary at Moundsville. They contend that the new “good time” statute, W. Va. Code, 28-5-28 [1977], has been applied to their sentences in ex post facto manner, in contravention of Article I, Section 10 of the United States Constitution and Article III, Section 4 of the West Virginia Constitution. We agree and award the writs as moulded.
The petitioners were incarcerated on or after May 1, 1978, the date W. Va. Code, 28-5-28, was first implemented. It is undisputed that…
2Cases cited20 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Calder v. BullSupreme Court of the United States · 1798
- United States v. AddonizioSupreme Court of the United States · 1979
- Lindsey v. WashingtonSupreme Court of the United States · 1937
15 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- State v. EilolaWest Virginia Supreme Court · 2010
- State v. George W.H.West Virginia Supreme Court · 1993
- State Ex Rel. Collins v. BedellWest Virginia Supreme Court · 1995
- State Ex Rel. Carper v. West Virginia Parole BoardWest Virginia Supreme Court · 1998
42 more not listed; retrieve them via the Exa API.