1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 248 S.E.2d
  5. 248 S.E.2d 602 (1978)
 

STATE EX REL. GOODWIN v. COOK

No. 14248.

248 S.E.2d 602 (1978)

STATE ex rel. James W. GOODWIN v. The Honorable Jerry W. COOK, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinions October 26, 1978.

Dissenting Opinions October 27, 1978.

Attorney(s) appearing for the Case

Thomas, Perry, Covert & King, M. Joseph Thomas, St. Albans, and Robert G. Perry, for relator.

Douglas Witten, Logan, Guy R. Bucci, Charleston, for respondents.

MILLER, Justice:

This original prohibition challenges the constitutionality of W.Va.Code, 7-7-8, which provides for the disqualification of the prosecuting attorney and the appointment by the circuit court of a special prosecutor.1 The primary ground for the unconstitutionality is based on Article VI, Section 40 of the West Virginia Constitution, which states:

"The legislature shall not confer upon any court, or judge, the power...

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