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BALLARD v. THOMAS

No. 13-0910.

759 S.E.2d 231 (2014)

David BALLARD, Warden Mount Olive Correctional Complex, Defendant Below, Petitioner v. Robert Junior THOMAS, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2014.

Attorney(s) appearing for the Case

Patrick Morrissey, Esq. , Attorney General, Christopher S. Dodrill, Esq. , Assistant Attorney General, Charleston, WV, for Petitioner.

David Kirkpatrick, Esq. , Kirkpatrick Law Office, Beckley, WV, for Respondent.

PER CURIAM:

Petitioner David Ballard, Warden of the Mount Olive Correctional Complex, (hereinafter "petitioner") appeals the Circuit Court of Wyoming County's July 23, 2013, order granting respondent Robert Junior Thomas' (hereinafter "respondent") petition for a writ of post-conviction habeas corpus following his conviction of one count of sexual abuse by a parent, guardian, custodian or person in a position of trust to a child pursuant to West Virginia Code §...

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