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STATE EX REL. PATTON v. RUBENSTEIN

No. 30967.

582 S.E.2d 743 (2003)

213 W.Va. 296

STATE of West Virginia ex rel. Bruce PATTON, Petitioner, v. James RUBENSTEIN, Commissioner, West Virginia Department of Corrections and the West Virginia Board of Probation and Parole, Respondents

Supreme Court of Appeals of West Virginia.

Decided February 27, 2003.

Dissenting Opinion of Justice Albright July 2, 2003.

Attorney(s) appearing for the Case

Matthew A. Victor, Victor, Victor & Helgoe L.L.P., Charleston, West Virginia, Attorney for the Petitioner.

Darrell V. McGraw, Jr., Attorney General, Heather A. Connolly, Assistant Attorney General, Charleston, West Virginia, Attorneys for the Respondents.

PER CURIAM:

Mr. Bruce Patton filed this petition for a writ of habeas corpus seeking relief from a decision of the West Virginia Parole Board (hereinafter "Board") revoking his parole. Mr. Patton contends that the Board acted in an arbitrary and capricious manner in revoking his parole. Specifically, Mr. Patton contends that the evidence of parole violations, including mitigating circumstances, was inadequate to support...

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