West Virginia Supreme Court June 1, 2012, No. 11-0378 (Coleman v. Brown)

KETCHUM, C.J.,

dissenting:

In United States ex rel. McCann v. Adams, Warden, 126 F.2d 774 (2nd Cir.1942), Judge Learned Hand observed that, in a trial by jury, an individual may forfeit his or her liberty “at the hands of those who, unlike any official, are in no wise accountable, directly or indirectly, for what they do, and who at once separate and melt anonymously in the community from which