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CHARLESTON, W. Va. (UPI) -The State Supreme Court today overturned a lower court ruling that confinement at the Moundsville State Penitentiary constitutes ‘‘cruel and unusual punishment” under the state and federal constitutions. In a unanimous opinion deliv ered by Judge Frank C. Haymond, the high court directed Randolph Circuit Judge George Triplett to return Roger Ray Pingley, 23, Elkins, to the state’s maximum security prison. The court also directed the judge to give Pingley credit for the 32 days he served at Moundsville and for the time he has been ‘‘improperly detained”’ in Randolph County Jail pending his habeas corpus proceedings. “On the whole, this court is of the opinion that the conditions there do not constitute cruel and unusual punishment,”’ he said. ‘‘It is true that the conditions there are harsh and severe.” Pingley pleaded guilty in May, 1970 for the robbery of a service station in Elkins. He received his 10-year prison term that August and was sent to Moundsville. After Pingley informed Triplett he wanted to institute habeas corpus proceedings, the judge appointed attorneys Jay Fred Queen of Elkins and Leo Catsonis of Charleston to represent him. When the habeas corpus petition was filed on Sept. 15, 1970, Triplett ordered Pingley transferred to the Randolph County Jail, where he has been since. Pingley asserted his life was in danger at Moundsville and that he had been subjected to homosexual attacks. After a lengthy hearing, Triplett entered his order in August, 1971, finding that existing conditions at Moundsville did, in fact, constitute “‘cruel and unusual punishment.’ The judge set aside the sentence, but did not disturb the conviction. ENVIRONMENTAL PARLEY — West Virginia Gov. Arch A. Moore, left, chairman of the National Governors’ Conference, and Sen. John L. McClellan (D-Ark.), center, chat with Sen. Jennings Randolph, (right) after testifying before a Senate Public Works subcommittee on an interstate environmental compact. (UPI)
Newspaper Details
Morgantown Post
Morgantown, West Virginia, US
Tue, Jan 25, 1972
Page 1
Full Page
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USA 02 Sep 2026
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