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STATE v. KEARNS

No. 29104.

556 S.E.2d 812 (2001)

210 W.Va. 167

STATE of West Virginia, Plaintiff Below, Appellee v. James Howard KEARNS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 26, 2001.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Esther T. Van Dall, Assistant Attorney General, Charleston, for Appellee.

Gregory A. Elam, Esq., Nancy C. Ulrich, Esq., Ronald L. Reece, Esq., Public Defender Corporation, Clarksburg, for Appellant.

PER CURIAM.

This is an appeal by James Howard Kearns from an order of the Circuit Court of Harrison County sentencing him to from two to ten years in the State Penitentiary for the sexual assault of his estranged spouse, and to an additional one year for the battery of his spouse. On appeal, he claims that the State failed to provide him with a prior inconsistent statement made by his estranged spouse, and that the withholding...

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