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STATE v. BLICKENSTAFF

No. 16-0666.

804 S.E.2d 877 (2017)

STATE of West Virginia, Plaintiff Below, Respondent v. Michael L. BLICKENSTAFF, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: September 13, 2017.

Attorney(s) appearing for the Case

Dana F. Eddy, Esq. , Director Public Defender Services, Scott E. Johnson, Esq. , Public Defender Services, Appellate Advocacy Division, Charleston, West Virginia, Counsel for the Petitioner.

Robert L. Hogan, Esq. , Deputy Attorney General, Charleston, West Virginia.

Brandon C. H. Sims, Esq. , Assistant Prosecutor, Jefferson County Prosecuting Attorney, Charles Town, West Virginia, Counsel for the Respondent.

The Defendant, Michael Blickenstaff, was indicted for kidnapping his ex-girlfriend, Nicole M., after he allegedly drove her around for five hours at knifepoint. Nicole M. did not physically resist the kidnapping.

The State argued at trial that Nicole M. did not physically resist because she feared Mr. Blickenstaff after...

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