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STATE EX REL. LEVITT v. BORDENKIRCHER

No. 16756.

342 S.E.2d 127 (1986)

STATE of West Virginia ex rel. Lance LEVITT v. Donald BORDENKIRCHER, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

March 12, 1986.

Attorney(s) appearing for the Case

Fitzsimmons & Parsons, William E. Parsons, II, Robert P. Fitzsimmons, Jacob M. Robinson, Robinson & Dickinson, Wheeling, for appellant.

Mary Beth Kershner, Asst. Atty. Gen., Charleston, for appellee.

McHUGH, Justice:

This action is before this Court upon the appeal of Lance Levitt from the final order of the Circuit Court of Marshall County, West Virginia. Pursuant to that order, entered in February, 1985, the circuit court denied the appellant relief in habeas corpus with regard to his conviction of murder of the first degree. W.Va.Code, 61-2-1 [1931]. This Court has before it the petition for appeal, all matters...

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