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STATE EX REL. BLAKE v. CHAFIN

No. 19362.

395 S.E.2d 513 (1990)

STATE of West Virginia ex rel. Eugene BLAKE v. Honorable Robert G. CHAFIN, Judge of the Circuit Court of Wayne County.

Supreme Court of Appeals of West Virginia.

July 11, 1990.

Attorney(s) appearing for the Case

Marjorie Martorella, Martorella & Martorella, Huntington, for Eugene Blake.

David A. Lycan, Ceredo, for Robert G. Chafin.

WORKMAN, Justice:

This is a petition for writ of mandamus wherein the petitioner, Eugene Blake, seeks to compel the Honorable Robert G. Chafin, Judge of the Circuit Court of Wayne County, to consider and decide the petitioner's post-conviction habeas corpus petition on its merits. We agree that petitioner is entitled to a ruling on the merits and grant the petitioner's writ of mandamus.

Eugene Blake was convicted of breaking and entering in Cabell County,...

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