David Ballard, Warden v. Steve Lee Dilworth

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 corpus petition, the circuit court found that the indictment was constitutionally deficient because it did not provide adequate notice of each of the charges and…