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ANSTEY v. BALLARD

No. 15-0067.

787 S.E.2d 864 (2016)

Samuel ANSTEY, Petitioner Below, Petitioner v. David BALLARD, Warden, Mt. Olive Correctional Complex, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 2, 2016.

Attorney(s) appearing for the Case

Valena E. Beety, Esq. , Wiley W. Newbold, Esq. , William L. Burner , Rule 10 Certified Law Student, Ashley M. Hawkins , Rule 10 Certified Law Student, Devon T. Unger , Rule 10 Certified Law Student, James Alexander Mead , Rule 10 Certified Law Student, West Virginia Innocence Project, West Virginia University College of Law, Clinical Law Program, Morgantown, West Virginia, Counsel for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Derek A. Knopp, Esq , Assistant Attorney General, Gilbert C. Dickey, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for Respondent.

This case is before us upon the appeal of Samuel Anstey ("petitioner") from the December 24, 2014, order of the Circuit Court of Fayette County denying his petition for relief in habeas corpus. The petitioner challenged his 1995 first degree murder conviction, without a recommendation of mercy, in the death of Marie Donollo ("victim...

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