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STATE EX REL. HOLSTEIN v. CASEY

No. 14743.

265 S.E.2d 530 (1980)

STATE ex rel. Calbert V. HOLSTEIN v. The Hon. Patrick CASEY, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion April 30, 1980.

Attorney(s) appearing for the Case

James M. Cagle, Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for respondents.

HARSHBARGER, Justice:

Calbert V. Holstein seeks a writ against the circuit court and prosecuting attorney of Kanawha County to prohibit them from prosecuting him, claiming that he has been denied his right to a speedy trial accorded by W.Va.Const. art. III, § 141, U.S.Const. Amend. VI, and W.Va.Code, 62-3-1. We need not discuss the federal constitutional issue because our state constitution and statute are dispositive...

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