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STATE EX REL. GARDNER v. WV DIV. OF CORR.

No. 30038.

559 S.E.2d 929 (2002)

210 W.Va. 783

STATE of West Virginia EX REL. Kevin Ray GARDNER, Petitioner, v. The WEST VIRGINIA DIVISION OP CORRECTIONS and the West Virginia Parole Board, Respondents.

Supreme Court of Appeals of West Virginia.

Decided January 30, 2002.

Attorney(s) appearing for the Case

A. Courtenay Craig, Huntington, for Petitioner.

Darrell V. McGraw, Jr., Attorney General, Daynus Jividen, Senior Assistant Attorney General, Charleston, for Respondents.

DAVIS, Chief Justice.

Kevin Ray Gardner, petitioner (hereinafter referred to as "Mr. Gardner"), filed this writ of habeas corpus seeking relief from a decision by the West Virginia Parole Board, respondent 1 (hereinafter referred to as "Parole Board"), revoking his parole. Mr. Gardner contends that revocation of his parole was unlawful because he fulfilled a conditional agreement with the Parole Board that precluded revocation of his parole...

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