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STATE EX REL. HARRIS v. HATCHER

No. 13-1236.

760 S.E.2d 847 (2014)

STATE of West Virginia ex rel. Carl L. HARRIS, Prosecuting Attorney for Fayette County, West Virginia, Petitioner v. The Honorable John W. HATCHER, Jr., Judge of the Circuit Court of Fayette County, West Virginia, and Steven R. Malay, Sr., Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 29, 2014.

Concurring Opinion of Justice Benjamin July 18, 2014.

Attorney(s) appearing for the Case

Brian D. Parsons, Esq. , Assistant Prosecuting Attorney, Roger L. Lambert, Esq. , Assistant Prosecuting Attorney, Fayette County, Fayetteville, WV, for Petitioner.

J.B. Rees, Esq. , James W. Keenan, Esq. , Keenan & Associates, L.C., Fayetteville, WV, for Respondent, Steven R. Malay.

LOUGHRY, Justice.

The petitioner Carl L. Harris, Prosecuting Attorney for Fayette County, West Virginia (hereinafter the "petitioner" or the "State"), invokes this Court's original jurisdiction1 and seeks a writ of prohibition to prevent the Circuit Court of Fayette County from enforcing its November 12, 2013, order through which it dismissed six counts of an indictment returned against the...

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