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STATE EX REL. v. HAMILTON

No. 14949.

280 S.E.2d 62 (1980)

STATE ex rel. Robert Meade LEACH v. The Honorable John M. HAMILTON, Judge, etc.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 13, 1981.

Attorney(s) appearing for the Case

Askin & Burke and Steven M. Askin, Martinsburg, for relator.

Chauncey H. Browning, Atty. Gen., S. Clark Woodroe, Asst. Atty. Gen., Charleston, for respondent.

HARSHBARGER, Justice:

Robert M. Leach seeks to prohibit Circuit Court Judge John M. Hamilton of Hardy County from trying him for murder. His reasons are that a single trial enforcing W.Va. Code, 62-3-15, violates his state and federal constitutional rights to due process and equal protection by failing to provide standards for the jury's choice to grant mercy, and contravenes his constitutional protections against self-incrimination and cruel and unusual punishment...

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