STATE EX REL. MYERS v. PAINTER

No. 30514.

576 S.E.2d 277 (2002)

213 W.Va. 32

STATE of West Virginia, ex rel. Stanley M. MYERS, Petitioner Below, Appellant v. Howard PAINTER, Warden, Mount Olive Correctional Complex, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 6, 2002.


Attorney(s) appearing for the Case

James T. Kratovil, Charles Town, for the Appellant.

Pamela Jean Games-Neely, Prosecuting Attorney, Christopher C. Quasebarth, Assistant Prosecuting Attorney, Martinsburg, for the Appellee.


PER CURIAM:

In this appeal from the Circuit Court of Berkeley County, the appellant contends that the circuit court erred in refusing to grant the appellant a writ of habeas corpus. After reviewing the record, we conclude that the appellant was prejudiced by ineffective assistance of counsel in his underlying criminal trial. Furthermore, we find error in that the circuit judge to whom the underlying criminal case was assigned...

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