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STATE v. BLACKBURN

No. 13-0270.

758 S.E.2d 566 (2014)

STATE of West Virginia, Plaintiff Below, Respondent v. Byron BLACKBURN, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided May 8, 2014.

Attorney(s) appearing for the Case

Ryan J. Flanigan, Esq. , Sanders, Austin, Flanigan & Flanigan, Princeton, West Virginia, Thomas L. Fuda, Esq. , Fuda Law Offices, Princeton, WV, for the Petitioner.

Patrick Morrisey , West Virginia Attorney General, J. Zak Ritchie , Assistant Attorney General, Robert D. Goldberg , Assistant Attorney General, Charleston, WV, for the Respondent.

Valena Beety , WVU College of Law, Morgantown, WV, for Amicus Curiae, WV Innocence Project and The Innocence Project, Inc.

KETCHUM, Justice:

Byron Blackburn ("Blackburn") appeals his conviction in the Circuit Court of Mercer County of robbery in the first degree. Blackburn was indicted for entering a Wendy's restaurant in Bluefield, West Virginia, and attempting to obtain money by holding a machete against the throat of a restaurant employee. Blackburn was sentenced to a forty-year term in the penitentiary.

Raising two assignments of error, Blackburn asks this Court to set aside...

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