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STATE OF WEST VIRGINIA
SUPREME COURT OF APPEALS

John C. Ellevan, FILED Petitioner Below, Petitioner November 30, 2012
RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS vs.) No. 101582 (Fayette County 10-C-221) OF WEST VIRGINIA
Adrian Hoke, Warden, Huttonsville Correctional Center, Respondent Below, Respondent


MEMORANDUM DECISION
Petitioner John C. Ellevan appeals the November 24, 2010 order of the Circuit Court of Fayette County denying his second petition for a writ of habeas corpus following his conviction of second degree sexual assault and domestic battery. Petitioner alleged that there was a failure to match his DNA to the sexual assault and that the victim

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West Virginia Law