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No. 31509 -    Brian K. Markley v. Michael Coleman, Acting Warden, Mt. Olive Correctional Complex

Albright, Justice, dissenting:



    I dissent from the result and the reasoning in this opinion for the reasons set forth in my dissent in a case of similar structure and effect, Mugnano v. Painter, 212 W.Va. 831, 834, 575 S.E.2d 590, 593 (2002). As in Magnano, appellant here deserved legal representation to fully evaluate and present the particular grounds for habeas corpus relief.