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WATKINS v. RUBENSTEIN

No. 14-6513.

802 F.3d 637 (2015)

Steven A. WATKINS, Petitioner-Appellee, v. Jim RUBENSTEIN, Commissioner of the Division of Corrections; Benita F. Murphy, Chairperson of the West Virginia Parole Board; David Toler, Supervising Parole Officer, Respondents-Appellants, and Adrian Hoke, Warden at Huttonsville Correctional Center; Marvin Plumley, Warden, Huttonsville Correctional Center, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: September 23, 2015.

Attorney(s) appearing for the Case

ARGUED: Elbert Lin , Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellants. Michael Brian Hissam , Bailey & Glasser, LLP, Charleston, West Virginia, for Appellee. ON BRIEF: Patrick Morrisey , Attorney General, Christopher S. Dodrill , Assistant Attorney General, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellants.

Reversed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Chief Judge TRAXLER joined. Chief Judge TRAXLER wrote a concurring opinion. Judge MOTZ wrote a dissenting opinion.

The district court granted Steven Watkins' petition for a writ of habeas corpus under 28 U.S.C. § 2254, finding that the West Virginia prosecuting attorney had, after trial, admitted to Watkins' defense counsel that the victim of Watkins' attempted robbery crime told the prosecuting attorney before trial that he, the...

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