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STATE EX REL. SMITH v. McBRIDE

No. 34155.

681 S.E.2d 81 (2009)

STATE ex rel. Dana December SMITH, Petitioner Below, Appellant, v. Thomas McBRIDE, Warden, Mt. Olive Correctional Complex, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 12, 2009.

Attorney(s) appearing for the Case

George Castelle, Kanawha County Public Defender Office, Charleston, WV, M. Timothy Koontz, Williamson, WV, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Robert D. Goldberg, Assistant Attorney General, Charleston, WV, for Appellee.

DAVIS, Justice.1

This is an appeal by Dana December Smith (hereinafter "Mr. Smith") from an order of the Circuit Court of Kanawha County that denied his petition for a writ of habeas corpus. Mr. Smith filed the habeas corpus petition seeking a new trial from his two convictions for felony murder. In this appeal, Mr. Smith argues that the circuit court erred in finding that he was not entitled to a new trial based upon newly discovered...

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