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BALLARD v. DILWORTH

No. 11-1456.

739 S.E.2d 643 (2013)

David BALLARD, Warden, Respondent Below, Petitioner v. Steve Lee DILWORTH, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed February 22, 2013.

Attorney(s) appearing for the Case

Gerald B. Hough, Esq. , Prosecuting Attorney for Gilmer County, Glenville, WV, for the Petitioner.

Ray M. Shepard, Esq. , Smith, Gildea & Schmidt LLC Towson, MD, for the Respondent.

PER CURIAM:

Petitioner David Ballard, Warden of the Mount Olive Correctional Complex (hereinafter "Warden Ballard"),1 appeals from the September 21, 2011, order of the Circuit Court of Gilmer County setting aside the conviction and sentence of the respondent herein and petitioner below, Steve Lee Dilworth (hereinafter "Mr. Dilworth"), on nine of ten counts of sexual abuse by a guardian. In granting relief to Mr. Dilworth on his habeas...

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