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STATE EX REL. HERALD MAIL CO. v. HAMILTON

Nos. 14799, 14837.

267 S.E.2d 544 (1980)

STATE ex rel. the HERALD MAIL COMPANY, a corporation v. The Honorable John M. HAMILTON, Judge, etc., et al. STATE ex rel. Robert LEACH v. The Hon. John M. HAMILTON, Judge, etc.

Supreme Court of Appeals of West Virginia.

June 10, 1980.

Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, F. Paul Chambers, Charleston, for Herald Mail Co. and for amicus curiae The Associated Press, et al., etc.

Sherbow, Shea & Tatelbaum, Theodore Sherbow and William A. Agee, Baltimore, Md., Stephen R. Dolly, Moorefield, for Herald Mail Co.

Steven M. Askin, Martinsburg, for Leach.

Oscar Bean, Pros. Atty., Moorefield, for respondent.

James R. Snyder, Charleston, for amicus curiae The Associated Press, et al., etc.

DiTrapano, Jackson & Buffa and Rudolph L. DiTrapano, Charleston, for amicus curiae Daily Gazette Co.

MILLER, Justice:

In this original writ of prohibition, the relator, The Herald Mail Company [Herald Mail], seeks to prohibit the enforcement of a closure order entered by the Circuit Court of Hardy County on February 27, 1980. The effect of this order was to bar members of the public and press from portions of a scheduled pretrial hearing in a murder case in which Robert M. Leach was the defendant.

Mr. Leach's counsel had filed with the trial court, in addition...

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