Coleman v. Brown

This case is before this Court upon the appeal of the petitioner, Michael V. Coleman, Acting Warden, Mount Olive Correctional Complex, from the January 7, 2011, order of the Circuit Court of Cabell County granting the respondent, Michael Brown, relief in habeas corpus. In the underlying action, the respondent was convicted of two counts of murder in the first degree, with mercy, and sentenced to two consecutive terms of life imprisonment. In the habeas proceeding from which the petitioner appeals, the circuit court set aside the convictions and granted the respondent a new trial. The basis of…