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GARDNER v. BALLARD

CIVIL ACTION NO. 2:12-cv-03386.

172 F.Supp.3d 925 (2016)

Jimmie C. GARDNER, Petitioner, v. David BALLARD, Respondent.

United States District Court, S.D. West Virginia, Charleston Division.

Signed March 25, 2016.

Attorney(s) appearing for the Case

George H. Lancaster, Jr. , Jonathan D. Byrne , Rhett H. Johnson , Brian J. Kornbrath , Christian M. Capece , Federal Public Defender's Office, Charleston, WV, for Petitioner.

Christopher S. Dodrill , Shannon Frederick Kiser , Attorney General's Office, Charleston, WV, for Respondent.

MEMORANDUM OPINION AND ORDER

The issue before the court is the constitutionality of holding a man in prison for more than twenty-five years after the state convicted him using false testimony and the state circuit court inexplicably allowed his habeas petition to languish for over two decades...

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