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STATE EX REL. WALDRON v. SCOTT

No. 33434.

663 S.E.2d 576 (2008)

STATE of West Virginia EX REL. James Blaine WALDRON, Petitioner Below, Appellant v. Tom SCOTT, Southwestern Regional Jail Administrator, Jim Rubenstein, Commissioner, and West Virginia Division of Corrections, Respondents Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 18, 2008.

Attorney(s) appearing for the Case

Jason R. Grubb, Esq., Beaver, WV, for Appellant.

Darrell V. McGraw, Jr., Esq., Attorney General, Barbara H. Allen, Esq., Managing Deputy Attorney General, Charleston, WV, for Appellee.

PER CURIAM.

This case is before this Court upon appeal of a final order of the Circuit Court of McDowell County entered on September 25, 2006. In that order, the circuit court denied a petition for a writ of habeas corpus filed by James Blaine Waldron (hereinafter "the appellant"). In this appeal, the appellant contends that the circuit court erred by failing to hold an evidentiary hearing prior to denying him habeas corpus relief. In 2004, the appellant was convicted...

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