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STATE v. CLARK

No. 11-0643.

752 S.E.2d 907 (2013)

STATE of West Virginia, Plaintiff Below, Respondent v. Joshawa CLARK, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided November 26, 2013.

Attorney(s) appearing for the Case

Jason D. Parmer, Esq. , Kanawha County Public Defender's Office, Charleston, WV, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Laura Young, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.

BENJAMIN, Chief Justice:

Petitioner Joshawa Clark, defendant below, appeals his first degree robbery and conspiracy convictions, for which he was sentenced to serve 52-60 years in prison for twice robbing the Marquee Cinemas in Huntington. Clark alleges that 1) his phone records were obtained in violation of his legitimate expectation of privacy guaranteed by Article III, § 6 of the West Virginia Constitution and thus, the evidence obtained from the subpoena...

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