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In a West Virginia Habeas Corpus proceeding, a Losh List is a list of the possible reasons a prisoner might be filing a habeas petition. The W. Va. Supreme Court of Appeals says if you don't use it, you lose it:

"A prior omnibus habeas corpus hearing is res judicata as to all matters raised and as to all matters known or which with reasonable diligence could have been known; however, an applicant may still petition the court on the following grounds: ineffective assistance of counsel at the omnibus habeas corpus hearing; newly discovered evidence; or, a change in the law, favorable to the applicant, which may be applied retroactively." Syllabus Point 4, Losh v. McKenzie, 166 W.Va. 762, 277 S.E.2d 606 (1981).

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14y ago

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