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PETHEL v. McBRIDE

No. 32784.

638 S.E.2d 727 (2006)

Shawn PETHEL, aka, Shawn Pethtel, Petitioner Below, Appellee v. Thomas McBRIDE, Warden, Mount Olive Correctional Center Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 8, 2006.

Dissenting Opinion of Justice Starcher July 12, 2006.

Concurring Opinion of Justice Maynard July 18, 2006.

Attorney(s) appearing for the Case

Scott R. Smith, Ohio County Prosecuting Attorney, William J. Ihlenfeld, II, Ohio County Assistant Prosecuting Attorney, Wheeling, for Appellants.

Mark Panepinto, Wheeling, for Appellee.

BENJAMIN, Justice:

In the instant appeal of the circuit court's order granting habeas corpus relief, Appellee, Shawn Pethel, aka, Shawn Pethtel (hereinafter "Pethel"), urges this Court to affirm the Circuit Court of Ohio County decision setting aside his conviction on multiple counts of sexual assault, filming a minor in sexually explicit conduct, possession of a controlled substance with intent to deliver, nighttime burglary, and conspiracy, together

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