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STUBBS v. BORDENKIRCHER

No. 82-6175.

689 F.2d 1205 (1982)

Paul D. STUBBS, Appellee, v. Donald E. BORDENKIRCHER, Warden, West Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1982.

Attorney(s) appearing for the Case

Silas B. Taylor, Asst. Atty. Gen., Charleston, W. Va., (Chauncey H. Browning, Jr., Atty. Gen., Charleston, W. Va., on brief), for appellant.

David A. Jividen (Paul D. Stubbs on brief), for appellee.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and MURNAGHAN, Circuit Judge.

FIELD, Senior Circuit Judge:

The Warden of the West Virginia State Penitentiary has appealed from a final order of the district court for the Northern District of West Virginia granting habeas corpus relief to Paul Stubbs, a state prisoner.

In March, 1980, the petitioner was tried and convicted of second degree murder in the Circuit Court of Ohio County, West Virginia. On the second day of the trial, Stubbs took the stand, and after some 38 minutes of direct...

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