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STATE EX REL. JUSTICE v. TRENT

No. 28737.

550 S.E.2d 404 (2001)

209 W.Va. 614

STATE of West Virginia ex rel. Timothy Dwayne JUSTICE, Petitioner Below, Appellee, v. George TRENT, Warden, West Virginia Department of Corrections, Mt. Olive Correctional Complex, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 2, 2001.

Attorney(s) appearing for the Case

William J. Sadler, Esq., Prosecuting Attorney, Princeton, West Virginia, Attorney for Appellant.

Gerald R. Linkous, Esquire, Princeton, West Virginia, Attorney for Appellee.

PER CURIAM:

This is an appeal by the State of West Virginia from a habeas corpus order of the Circuit Court of Mercer County awarding a new trial to the relator, Timothy Dwayne Justice, who previously had been convicted of first degree murder, aggravated robbery and conspiracy. The court ordered the new trial because the State had failed to produce certain blood test results pursuant to a defense discovery order. On appeal...

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