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STATE EX REL. HUMPHRIES v. MCBRIDE

No. 33103.

647 S.E.2d 798 (2007)

STATE of West Virginia, ex rel. Carroll Eugene HUMPHRIES, Petitioner Below, Appellant v. Thomas McBRIDE, Warden Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 19, 2007.

Concurring Opinion of Justice Starcher June 28, 2007.

Attorney(s) appearing for the Case

William C. Forbes, Forbes Law Offices, PLLC, Charleston, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Assistant Attorney General, Charleston, for Appellee.

PER CURIAM:

This case is before the Court on appeal from an October 7, 2005, Order of the Circuit Court of Greenbrier County, which denied Appellant's petition for writ of habeas corpus. This Court has before it the petition for appeal, the briefs of the parties, and all matters of record. Following a review of the record herein,1 this Court finds that the circuit court erred in denying the petition for writ of habeas corpus. Accordingly...

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