STATE EX REL. SPAULDING v. WATT

No. 20384.

411 S.E.2d 450 (1991)

STATE of West Virginia ex rel. O.C. SPAULDING, Prosecuting Attorney for Putnam County, Petitioner, v. Honorable Clarence L. WATT, Judge of the Circuit Court of Putnam County, and Michael B. Pauley, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 17, 1991.


Attorney(s) appearing for the Case

O.C. Spaulding, Pros. Atty. of Putnam County, Winfield, for petitioner.

H.F. Salsbery, Jr., Monty L. Preiser, Preiser Law Offices, Charleston, for respondents.


MILLER, Chief Justice:

In this original proceeding in prohibition, the relator, the Prosecuting Attorney of Putnam County, seeks to prevent the respondent judge from requiring a potential witness for the State in a criminal prosecution to give a deposition to the defense. We find that the court exceeded its legitimate powers in ordering the deposition, and we grant the writ of prohibition prayed for.

The defendant below, Michael B. Pauley, was indicted in...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases