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CARLSON v. FERGUSON

No. CIV. A. 3:97-1086.

993 F.Supp. 969 (1998)

Phillip Wayne CARLSON, Petitioner, v. Alfred E. FERGUSON, Judge of the Sixth Judicial Circuit Court of the State of West Virginia and Darrell V. McGraw, Jr., Attorney General of the State of West Virginia, Respondent.

United States District Court, S.D. West Virginia, Huntington Division.

February 18, 1998.

Attorney(s) appearing for the Case

George A. Stolze, Huntington, WV, for Petitioner.

Scott E. Johnson, Dawn E. Warfield, Office of Attorney General, Charleston, WV, for Respondents.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Phillip Wayne Carlson ("Petitioner") seeks a writ of habeas corpus from this Court pursuant to 28 U.S.C. § 2254. Petitioner bases his habeas claim on Article 3, Section 6 of the West Virginia Constitution and on the Fourth Amendment to the United States Constitution.

I.

FACTUAL AND PROCEDURAL HISTORY

Petitioner was convicted of three (3) counts of burglary in the Circuit...

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