Pethel v. McBride

BENJAMIN, Justice:

In the instant appeal of the circuit court’s order granting habeas corpus relief, Appel-lee, Shawn Pethel, aka, Shawn Pethtel (hereinafter “Pethel”), urges this Court to affirm the Circuit Court of Ohio County decision setting aside his conviction on multiple counts of sexual assault, filming a minor in sexually explicit conduct, possession of a controlled substance with intent to deliver, nighttime burglary, and conspiracy, together *582with his corresponding sentence of 53 to 155 years in the West Virginia State Penitentiary because, he contends, the State of West Virginia…