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MARKLEY v. COLEMAN

No. 31509.

601 S.E.2d 49 (2004)

215 W.Va. 729

Brian K. MARKLEY, Petitioner Below, Appellant, v. Michael COLEMAN, Acting Warden, Mt. Olive Correctional Complex, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Filed: June 18, 2004.

Attorney(s) appearing for the Case

Brian K. Markley, Pro se.

Christopher C. Quasebarth, Assistant Prosecuting Attorney, Martinsburg, for Appellee.

PER CURIAM.

The appellant Brian K. Markley appeals from a Berkeley County Circuit Court's order denying the appellant's second petition for a writ of habeas corpus.

We affirm the circuit court's order.

I.

In January of 1992, the appellant was tried and convicted of two counts of first degree sexual assault, one count of malicious assault, and one count of attempted murder in the second degree.1 The appellant then...

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