David Ballard v. Robert Junior Thomas

Petitioner David Ballard, Warden of the Mount Olive Correctional Complex, (hereinafter “petitioner”) appeals the Circuit Court of Wyoming County’s July 23, 2013, order granting respondent Robert Junior Thomas’ (hereinafter “respondent”) petition for a'writ of post-conviction habeas corpus following his conviction of one count of sexual abuse by a parent, guardian, custodian or person in a position of trust to a child pursuant to West Virginia Code § 61-8D-5(a) (2005). The circuit court found that respondent’s trial defense counsel was ineffective for failing to offer adequate jury…