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ROHRBAUGH v. STATE

No. 31618.

607 S.E.2d 404 (2004)

216 W.Va. 298

Tommy A. ROHRBAUGH, Petitioner Below, Appellee, v. STATE of West Virginia, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2004.

Concurring Opinion of Justice Starcher December 23, 2004.

Attorney(s) appearing for the Case

Dennis DiBenedetto, Esq., Prosecuting Attorney of Grant County, Petersburg, West Virginia, Attorney for the Appellant.

Fred J. Giggenbach, Jr., Esq., Drug and Violent Crime Assistant Prosecutor, West Virginia Prosecuting Attorneys Institute, South Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia Prosecuting Attorneys Institute.

John H. Treadway, Jr., Esq., Judy & Judy Attorneys at Law, Lary D. Garrett, Esq., Garrett & Garrett Attorneys at Law, Moorefield, West Virginia, Attorneys for the Appellee.

DAVIS, Justice:

The appellant herein and respondent below, the State of West Virginia (hereinafter referred to as "the State"), appeals from an order entered January 13, 2003, by the Circuit Court of Grant County. By that order, the circuit court ruled that the appellee herein and petitioner below, Tommy A. Rohrbaugh (hereinafter referred to as "Mr. Rohrbaugh"), was eligible to have his right to possess firearms restored pursuant to W. Va.Code § 61-7-7. On appeal...

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