David Ballard, Warden v. Richard Lee Hunt, Jr.

KETCHUM, Justice:

The petitioners, the Warden of the Mount Olive Correctional Complex (the “Warden”) and the Commissioner of the West Virginia Division of Corrections (the “Commissioner”), appeal from the January 21, 2014, order of the Circuit Court of Calhoun County (the “habeas court”) which granted habeas relief to the respondent, Richard Lee Hunt, Jr. (“Hunt”). The habeas court vacated Hunt’s convictions and sentence for sexual abuse in the first degree and sexual abuse by a custodian and granted Hunt a new trial.

Hunt’s convictions concerned offenses committed against an eleven year old…