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LISTER v. BALLARD

No. 15-0028.

784 S.E.2d 733 (2016)

Dayton Scott LISTER, Petitioner v. David BALLARD, Warden, Mount Olive Correctional Complex, Respondent.

Supreme Court of Appeals of West Virginia.

Decided March 2, 2016.

Attorney(s) appearing for the Case

Lonnie C. Simmons, Esq. , DiTrapano, Barrett, DiPiero, McGinley & Simmons, PLLC, Charleston, WV, for the Petitioner.

Patrick Morrisey , Attorney General, David A. Stackpole , Assistant Attorney General, Charleston, WV, for the Respondent.

Petitioner Dayton Scott Lister ("Mr. Lister") appeals from the December 23, 2014, order of the Circuit Court of Marion County denying his petition for a writ of habeas corpus. Mr. Lister, who was convicted of first-degree murder, asserts that he is entitled to a writ of habeas corpus due to three errors committed by the trial...

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