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STATE v. TANNER

No. 11-0634.

727 S.E.2d 814 (2012)

STATE of West Virginia, Plaintiff Below, Respondent v. Karen TANNER, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed May 24, 2012.

Attorney(s) appearing for the Case

Barbara Harmon-Schamberger , Clay, WV, for the Petitioner.

Darrell V. McGraw, Jr. , Attorney General, Laura Young , Assistant Attorney General, Charleston, WV, for the Respondent.

DAVIS, Justice:

In this case, Karen Tanner, the petitioner herein and defendant below (hereinafter referred to as "Ms. Tanner"), appeals an order of the Circuit Court of Clay County that granted her parole with the condition, inter alia, that she not "be in the presence or accompaniment of anyone convicted of a felony[,] including her husband." Ms. Tanner contends that the circuit court was without authority to grant parole insofar as parole is an executive...

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