DAVIS v. McBRIDE

No. 33199.

654 S.E.2d 364 (2007)

Christopher Lee DAVIS, Petitioner Below, Appellant, v. Thomas McBRIDE, Warden, Mount Olive Correctional Complex, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 12, 2007.


Attorney(s) appearing for the Case

Lonnie C. Simmons, DiTrapano, Barrett & DiPiero, P.L.L.C., Charleston, WV, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, R. Christopher Smith, Assistant Attorney General, Charleston, WV, for the Appellee.


PER CURIAM.

The appellant herein and petitioner below, Christopher Lee Davis [hereinafter "Mr. Davis"], appeals from an order entered January 17, 2006, by the Circuit Court of Kanawha County. By that order, the circuit court denied Mr. Davis's request for a postconviction writ of habeas corpus concluding that the State's exercise of a peremptory strike to remove the only African-American juror from the jury panel did not amount to constitutional error. On appeal to...

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