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BALLARD v. FERGUSON

No. 12-1028.

751 S.E.2d 716 (2013)

David BALLARD, Warden, Mount Olive Correctional Complex, Respondent Below, Petitioner v. Brian Bush FERGUSON, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 25, 2013.

Attorney(s) appearing for the Case

Marcia Ashdown , Prosecuting Attorney, Perri DeChristopher , Assistant Prosecutor, Morgantown, WV, for Petitioner.

Darrell Ringer , The Law Offices of Darrell Ringer, Morgantown, West Virginia, Paul W. Schmidt , Sarah L. Wilson , Christian J. Pistilli , Covington & Burling, Washington, District of Columbia, for Respondent.

DAVIS, Justice:

This is an appeal of David Ballard, Warden of Mount Olive Correctional Complex ("the State"), from an order of the Circuit Court of Monongalia County that granted habeas corpus relief to Brian Bush Ferguson ("Mr. Ferguson"). The State contends that (1) the circuit court erred in finding that Mr. Ferguson was denied effective assistance of trial counsel and (2) the circuit court erred in limiting the testimony...

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