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habeas corpus petition west virginia

About

Having practiced for more than a decade, Jason T. Gain is an attorney who holds a deep understanding of West Virginia law. Results from his work on challenging post-conviction relief cases demonstrate his dedication to the client.

In addition to post-conviction habeas cases, Mr. Gain has experience in many criminal defense areas, including having represented many clients at trial. Jason knows how serious mistakes can happen during a trial and is well prepared to help you or your loved ones with your options after an unjust conviction.


Navigating the post-conviction habeas process is nearly impossible without an expert on your side. Many times, individuals who need to pursue this type of relief, often make mistakes when trying to handle it on their own or through so-called advisors who offer incorrect advice.
Mr. Gain recognizes the challenges associated with this type of work and has dedicated his practice to it.

Mr. Gain practices across all of West Virginia.

Education & Practice Accomplishments
 

  • 2013 Graduate, West Virginia University Law School
     

  • Graduated with honors, member Order of the Coif
     

  • Studied Post Conviction Remedies under Former WVSC Justice
    and eminent legal scholar, Franklin Cleckley

     

  • Began arguing post-conviction case while waiting to obtain law license under supervision of a practicing attorney
     

  • Admitted to US Northern District of West Virginia
     

  • Admitted to the Fourth Circuit Court of Appeals

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2024

Won reversal of conviction, new trial, and dismissal of charges in sexual assault case
 

Ohio County

2023

Won sentencing reduction in sexual assault case
 

Marshall County

2022

Reversal of conviction and new trial in serious felony case

 

McDowell County

2017

Won post conviction sentencing reduction in drug distribution case

 

Harrison County

2024

Reversal of termination order in child abuse and neglect case

 

Grant County

2022

Won reversal of conviction and new trial in case of soliciting

Marshall County

2022

Won post conviction sentencing reduction in robbery case

 

Ohio County

2023

Won sentencing reversal and resentencing hearing in robbery case

Nicholas County

2022

Reversal of termination order in child abuse and neglect case

 

Mineral County 

2021

Won post conviction sentencing reduction in robbery case

 

Mercer County

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