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BALLARD EX REL. MOUNT OLIVE v. MECKLING

No. 14-0245.

772 S.E.2d 208 (2015)

David BALLARD, Warden, ex rel. MOUNT OLIVE CORRECTIONAL CENTER, Respondent Below, Petitioner, v. Patrick J. MECKLING, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 9, 2015.

Attorney(s) appearing for the Case

Scott R. Smith, Esq. , Ohio County Prosecuting Attorney, Brian A. Ghaphery, Esq. , Assistant Ohio County, Prosecuting Attorney, Wheeling, WV, for Petitioner.

Brent A. Clyburn, Esq. , Law Office of Brent A. Clyburn, Wheeling, WV, for Respondents.

Petitioner Warden David Ballard ("Warden Ballard") appeals the February 4, 2014, order of the Circuit Court of Ohio County that granted Respondent Patrick J. Meckling's ("Mr. Meckling") writ of habeas corpus petition. Following a jury trial, Mr. Meckling was convicted of one felony count of abduction with intent to defile and one...

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