Current through Register Vol. XLI, No. 43, October 25, 2024
Section 92-2-16 - Judicial Review16.1. Judicial Review. -- Decisions of the Parole Board are full and final and are not subject to direct appeal.16.2. Extraordinary Remedies. -- An aggrieved inmate may institute a state habeas corpusad subjiciendum action (W.Va. Code 53-4A-1et seq.) in the Circuit Court of Kanawha County, the Circuit Court of the County where the Institution is located, or the West Virginia Supreme Court of Appeals, if the actions or Decision of the Parole Board is alleged to violate rights provided by the West Virginia Constitution. An aggrieved inmate may institute an action in the proper federal court (28 U.S. Code § 2241) if the actions or Decision of the Parole Board is alleged to violate a United States Constitutional right.