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GIBSON v. McBRIDE

No. 33321.

663 S.E.2d 648 (2008)

Gary Allen GIBSON, Petitioner Below, Appellee v. Thomas McBRIDE, Warden, Mount Olive Correctional Facility, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2008.

Dissenting Opinion of Justice Benjamin June 23, 2008.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Robert D. Goldberg, Assistant Attorney General, Charleston, Counsel for the Appellant.

R. Lee Booten, II Huntington, for the Appellee.

PER CURIAM:

This is an appeal by Thomas McBride, Warden, Mount Olive Correctional Facility ("Appellant"), from an order entered in the Circuit Court of Cabell County, West Virginia, on May 10, 2006. In that order, the circuit court set aside the conviction and sentence of Gary Allen Gibson ("Defendant") for conspiracy to commit murder. Upon careful review of the briefs, record, arguments of counsel, and applicable precedent, this Court is of the opinion that Defendant...

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