West Virginia Code
Article 4A. Post-Conviction Habeas Corpus
§53-4A-11. Severability

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are hereby declared to be severable. The Legislature does hereby further declare that it would have enacted this article even if it had known at the time of enactment that such provision or application thereof would be held to be invalid.

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Structure West Virginia Code

West Virginia Code

Chapter 53. Extraordinary Remedies

Article 4A. Post-Conviction Habeas Corpus

§53-4A-1. Right to Habeas Corpus for Post-Conviction Review; Jurisdiction; When Contention Deemed Finally Adjudicated or Waived; Effect Upon Other Remedies

§53-4A-2. Petition; Contents Thereof; Supreme Court May Prescribe Form of Petition, Verification and Writ; Duties of Clerk

§53-4A-3. Refusal of Writ; Granting of Writ; Direction of Writ; How Writ Made Returnable; Duties of Clerk, Attorney General and Prosecuting Attorney

§53-4A-4. Inability to Pay Costs, etc.; Appointment of Counsel; Obtaining Copies of Record or Records in Criminal Proceedings or in a Previous Proceeding or Proceedings to Secure Relief; Payment of All Costs and Expenses; Adjudging of Costs

§53-4A-5. Service of Writ

§53-4A-6. Return; Pleadings; Amendments

§53-4A-7. Denial of Relief; Hearings; Evidence; Record; Judgment