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STATE v. LOUK

No. 15-0021.

786 S.E.2d 219 (2016)

STATE of West Virginia, Respondent v. Stephanie Elaine LOUK, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: May 27, 2016.

Concurring Opinion of Justice Davis June 3, 2016.

Attorney(s) appearing for the Case

Jason D. Parmer, Esq. , Public Defender Services, Charleston, West Virginia, Counsel for the Petitioner.

Diana Panucci, Esq. , 13th Judicial Circuit, Public Defender Corp., Charleston, West Virginia, Farah Diaz-Tello, Esq. , National Advocates for Pregnant Women, New York, New York, Counsel for Amici Curiae.

Patrick Morrisey , Attorney General, Elbert Lin , Solicitor General, Julie A. Warren , Assistant Attorney General, Charleston, West Virginia, Counsel for the Respondent.

Petitioner Stephanie Louk ("Ms. Louk") was convicted of child neglect resulting in death in violation of W.Va. Code § 61-8D-4a [1997], and sentenced to three to fifteen years of incarceration by the Circuit Court of Nicholas County. Ms. Louk appeals the circuit court's December 9, 2014, sentencing order. She argues that...

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