Rowe v. Whyte
In Rowe v. Whyte, 167 W. Va. 668, 280 S.E.2d 301 (1981) the inmate was denied parole and sought immediate release from this Court in a habeas proceeding.
The Court determined in Rowe that the Parole Board provided the inmate with an inadequate hearing. The Court indicated specifically that:
"The concentration of the parole board upon the petitioner's criminal record and the negative community sentiment report limited the scope of the parole board's inquiry to a consideration of factors beyond the ability of the petitioner to modify after his incarceration. In fact, the parole board, in its emphasis upon the petitioner's criminal activity prior to incarceration, acted in a manner similar to a sentencing court in which, more appropriately, such criminal activity would be highly determinative." Rowe, 167 W. Va. at 678, 280 S.E.2d 306.
The Court ultimately required the Parole Board to hold another parole hearing for the purpose of considering all of the requirements contained W. Va. Code 62-12-13 (1999) for parole consideration.