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STATE v. BUTLER

No. 16-0543.

799 S.E.2d 718 (2017)

STATE of West Virginia, Plaintiff Below, Petitioner v. Steward BUTLER, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: May 9, 2017.

Attorney(s) appearing for the Case

Lauren E. Plymale, Esq. , Assistant Prosecuting Attorney, Cabell County, Huntington, West Virginia, Counsel for Petitioner

Raymond A. Nolan, Esq. , The Nolan Law Firm, Lavalette, West Virginia, Counsel for Respondent

Gregory R. Nevins , Pro Hac Vice, Atlanta, Georgia, and, Stephen G. Skinner, Esq. , Skinner Law Firm, Charles Town, West Virginia, Counsel for Amicus Curiae — Lambda, Legal Defense and Education Fund, Inc.

Patrick Morrisey, Esq. , Attorney General, Elbert Lin, Esq. , Solicitor General, Julie Marie Blake, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for Amicus Curiae — West Virginia Attorney General

The petitioner (plaintiff below), State of West Virginia, appeals the circuit court's order entered May 13, 2016, through which it dismissed two counts of a four-count indictment returned against the respondent (defendant below), Steward Butler. The two dismissed counts charged the defendant with criminal civil rights violations...

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