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DEMENT v. PSZCZOLKOWSKI

No. 19-0785.

859 S.E.2d 732 (2021)

Brian Emerson DEMENT, Petitioner Below, Petitioner v. Karen PSZCZOLKOWSKI, Superintendent Northern Correctional Facility, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 15, 2021.

Attorney(s) appearing for the Case

Abraham Saad , SAAD DIXON Law Offices PLLC, Huntington, West Virginia, Steven A. Drizin , pro hac vice, Gregory Swygert , pro hac vice, Center on Wrongful Convictions, Chicago, Illinois, Attorneys for the Petitioner.

Patrick Morrisey , Attorney General, Katherine M. Smith , Assistant Attorney General, Scott E. Johnson , Assistant Attorney General, Charleston, West Virginia, Attorneys for the Respondent.

Petitioner Brian Emerson Dement ("Mr. Dement") appeals the August 7, 2019 order of the Circuit Court of Cabell County denying his post-conviction petition for writ of habeas corpus. On appeal, Mr. Dement asserts, inter alia, that the circuit court failed to provide a meaningful evidentiary hearing and that the circuit...

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