Legal Opinion

Ralph Terry, Acting Warden v. Phillip A. Ward

West Virginia Supreme Court

Decided November 9, 2017No. 16-1007Published

1Opinion of the Court

Workman, Justice:

This case is before the Court upon the appeal of Ralph Terry, Acting Warden, Mt.

*314 Olive Correctional Complex ("the State"), 1 from the circuit court's decision granting the amended petition for writ of habeas corpus filed by Respondent Phillip A. Ward ("Respondent Ward" or "the respondent"), vacating his conviction for felony murder and ordering a new trial. The focus of the circuit court's decision was serology test results on three pieces of evidence-a $20 bill, a $5 bill, and a $1 bill-which results linked the money to the victim during Respondent Ward's underlying trial.…

2Cases cited10 opinions

  1. Mathena v. HainesWest Virginia Supreme Court · 2006
  2. Samuel Anstey v. David Ballard, WardenWest Virginia Supreme Court · 2016
  3. Halstead v. HortonWest Virginia Supreme Court · 1894
  4. State v. FrazierWest Virginia Supreme Court · 1979
  5. In Re an Investigation of the West Virginia State Police Crime LaboratoryWest Virginia Supreme Court · 1993

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