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GERLACH v. BALLARD

No. 12-0609.

756 S.E.2d 195 (2013)

Tony T. GERLACH, Petitioner Below, Petitioner v. David BALLARD, Warden, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided: October 28, 2013.

Attorney(s) appearing for the Case

Dennis E. Kelley, Esq. , Huntington, and Donald R. Jarrell, Esq. Wayne, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Scott E. Johnson, Esq. , Senior Assistant Attorney General, Thomas W. Rodd, Esq. , Assistant Attorney General, Charleston, for Respondent.

LOUGHRY, Justice.

The petitioner, Tony T. Gerlach, appeals the April 17, 2012, order of the Circuit Court of Cabell County denying his petition for a writ of habeas corpus. The petitioner was convicted on March 25, 1998, of one count of second degree murder and one count of death of a child by a parent, guardian or custodian. He was sentenced to forty years of imprisonment for each conviction, and it was ordered that the sentences be served consecutively. While the...

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