No. 25011.

510 S.E.2d 790 (1998)

203 W.Va. 716

STATE of West Virginia ex rel. Charles John YEAGER, Appellant, v. George TRENT, Warden, West Virginia Penitentiary, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Lonnie C. Simmons, Esq., Law Office of P. Rodney Jackson, Charleston, West Virginia, Attorney for Appellant.

Robin Welch, Esq., Special Prosecuting Attorney, for Logan County, Looneyville, West Virginia, Attorney for Appellee.


This is an appeal from the September 11, 1997, final order of the Circuit Court of Logan County denying the Appellant, Charles John Yeager, habeas corpus relief,1 arising out of the Appellant's September 2, 1988,2 jury conviction for the first degree murder of Mark Fillinger, without a recommendation of mercy. The Appellant argues that the trial court erred in refusing to set aside the Appellant...

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