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STATE EX REL. SHELTON v. PAINTER

No. 33322.

655 S.E.2d 794 (2007)

STATE of West Virginia ex rel. Shane SHELTON, Petitioner Below, Appellant v. Howard PAINTER, Warden, Mount Olive Correctional Center, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2007.

Concurring and Dissenting Opinion of Justice Benjamin December 20, 2007.

Attorney(s) appearing for the Case

Timothy F. Cogan, Esq., Cassidy, Myers, Cogan, Voegelin & Tennant, Wheeling, for Appellant.

Stephen L. Vogrin, Prosecuting Attorney, Wheeling, for Appellee.

PER CURIAM:

The appellant was convicted of murder in the first degree without a recommendation of mercy. This is a review of an appeal from the circuit court's ruling in a habeas corpus petition on the single issue of the appellant's claim of ineffective assistance of counsel.

For the reasons stated herein, we affirm, in part, and reverse, in part, and remand this case to the trial court for further proceedings...

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