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STATE EX REL. POSTELWAITE v. BECHTOLD

No. 13466.

212 S.E.2d 69 (1975)

STATE ex rel. Robert Gordon POSTELWAITE v. Lee BECHTOLD, Sheriff, etc., et al. STATE ex rel. Gary Lee FRAZIER v. Lee BECHTOLD, Sheriff, etc., et al.

Supreme Court of Appeals of West Virginia.

February 4, 1975.

Attorney(s) appearing for the Case

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Betty L. Caplan, Asst. Atty. Gen., Charleston, for plaintiffs in error.

Catsonis & Linkous and Leo Catsonis, Charleston, for defendant in error, Postelwaite.

Kenneth J. Fordyce, McMechon, for defendant in error, Frazier.

HADEN, Chief Justice:

This is an appeal by custodial officers of the county and State from a final judgment of the Circuit Court of Wood County in a consolidated habeas corpus proceeding which declared the convictions of Robert Gordon Postelwaite and Gary Lee Frazier to be void and unenforceable on the ground that their jointly retained counsel had rendered ineffective assistance of counsel to each by reason of attempting to defend both against an identical criminal...

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