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STATE EX REL. PREISSLER v. DOUGHERTY

No. 14889.

273 S.E.2d 574 (1980)

STATE ex rel. Detlev PREISSLER v. The Honorable Peter DOUGHERTY, Magistrate, etc., Respondent West Virginia Judicial Inquiry Commission.

Supreme Court of Appeals of West Virginia.

December 19, 1980.

Attorney(s) appearing for the Case

Askin & Burke and Steven M. Askin, Martinsburg, John J. Cowan, Charleston, for relator.

Chauncey H. Browning, Atty. Gen., Joseph C. Cometti, Asst. Atty. Gen., Charleston, for respondent.

Fowler & Paterno, John R. Fowler and John L. MacCorkle, Charleston, for intervenor W. Va. Judicial Inquiry Commission.

CAPLAN, Justice:

In this prohibition proceeding the petitioner, Detlev Preissler, seeks to prohibit his trial in magistrate's court on a misdemeanor charge unless certain subpoenaed documents are made available to him and his attorney, or, in the alternative, said documents are made available to the magistrate court for an in camera evaluation as to whether or not there appear to be any inconsistencies in the statements of the witnesses who are to testify on behalf...

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