Habeas Corpus Cases in West Virginia

If you or a loved one were found guilty of a crime and sentenced to incarceration, in addition to a direct criminal appeal, a person incarcerated under a term of imprisonment may file a petition for writ of habeas corpus. A petition for writ of habeas corpus compels the government to bring an individual before the court to determine the legality of the person’s incarceration. West Virginia law provides a specific post-conviction procedure that is guaranteed by the West Virginia Constitution. A habeas corpus proceeding is a civil case. It is not part of the original criminal case.