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STATE v. SHABAZZ

No. 26211.

526 S.E.2d 521 (1999)

206 W.Va. 555

STATE of West Virginia, Plaintiff below, Appellee, v. John SHABAZZ, a/k/a John Randle, Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1999.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, William S. Steele, Esq., Managing Deputy Attorney General, Charleston, for Appellee.

Michael J. Sharley, Esq., Westover, West Virginia, Attorney for Appellant.

STARCHER, Chief Justice:

The appellant, John Shabazz ("Shabazz"), appeals the denial of his magistrate appeal by the Circuit Court of Marion County, following Shabazz's conviction of battery in the Marion County Magistrate Court. Shabazz contends that the circuit court erred in failing to grant him a new trial on his appeal from the magistrate court. Shabazz contended that he was prejudiced because the presiding magistrate had ex parte communications with the...

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