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STATE EX REL. BURDETTE v. ZAKAIB

No. 34857.

685 S.E.2d 903 (2009)

STATE of West Virginia, ex rel. Gregory BURDETTE, Petitioner, v. The Honorable Paul ZAKAIB, Jr. Kanawha County Circuit Court Judge, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 2, 2009.

Attorney(s) appearing for the Case

Baron Michael Helgoe, Esq., Victor, Victor & Helgoe, Charleston, WV, for Petitioner.

Jennifer L. Dowdy Meadows, Esq., Assistant Prosecuting Attorney, Charleston, WV, for Respondent.

WORKMAN, Justice:

The petitioner, Gregory Burdette, seeks an original jurisdiction writ of mandamus directing the respondent, the Honorable Paul Zakaib, Jr., Kanawha County Circuit Court Judge, to grant his motion for post-conviction DNA Testing that he filed as a part of an underlying habeas corpus action, SER Burdette v. Haynes, Warden, Civil Action No. 07-MISC-139. The evidence the petitioner wants tested is a cigarette butt that was submitted into evidence...

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