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  5. 294 S.E.2d 51 (1981)
 

STATE EX REL. SHORTER v. HEY

Nos. 15068, 15079 and 15085.

294 S.E.2d 51 (1981)

STATE of West Virginia, ex rel. Frank SHORTER v. Honorable John HEY, Judge, Circuit Court of Kanawha County. STATE of West Virginia, ex rel. Lester YERKES v. Honorable John HEY, Judge, Circuit Court of Kanawha County. STATE of West Virginia, ex rel. Michelle SHORTER v. Honorable John HEY, Judge, Circuit Court of Kanawha County.

Supreme Court of Appeals of West Virginia.

Concurring Opinion March 18, 1981.

Rehearing Denied April 30, 1981.

Dissenting Opinion July 2, 1982.

Attorney(s) appearing for the Case

Boettner, Campbell & Crane and Gregory J. Campbell, Charleston, for Shorters, Relators.

John E. Dorsey and Michael T. Clifford, Charleston, for Yerkes Relator.

James E. Roark, Pros. Atty., Frances W. McCoy, Asst. Pros. Atty., Charleston, for respondent.

McHUGH, Justice:

In these actions, Frank Shorter, by petition filed December 4, 1980; Lester W. Yerkes, Jr., by petition filed December 8, 1980; and Michelle Shorter, by petition filed December 16, 1980, seek to prohibit the respondent, Judge John Hey, of the Circuit Court of Kanawha County, West Virginia, from conducting a trial of the relators upon offenses charged in an indictment against the relators returned at the...

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