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HATFIELD v. PAINTER

No. 33668.

671 S.E.2d 453 (2008)

Stephen Westley HATFIELD, Petitioner Below, Appellee, v. Howard PAINTER, Warden of Mount Olive Correctional Complex, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Thomas M. Plymale, Assistant Prosecuting Attorney, Wayne, for the Appellant.

Lonnie C. Simmons, DiTrapano, Barrett & Dipiero, PLLC, Charleston, David R. Tyson, Tyson & Tyson, Huntington, for the Appellee.

PER CURIAM:

The respondent below and appellant herein, Howard Painter, as the Warden of Mount Olive Correctional Center (hereinafter "appellant"), appeals from an order entered March 16, 2007, by the Circuit Court of Wayne County. In the underlying case, the circuit court granted summary judgment in a habeas corpus action filed by the petitioner below and appellee herein, Stephen Westley Hatfield (hereinafter "defendant"). The circuit court determined that the defendant...

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