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STATE EX REL. HAMSTEAD v. DOSTERT

No. 16121.

313 S.E.2d 409 (1984)

STATE ex rel. Braun A. HAMSTEAD v. The Honorable Pierre E. DOSTERT, Judge of the Circuit Court of Jefferson County and Donald R. Giardina, Sheriff of Jefferson County.

Supreme Court of Appeals of West Virginia.

Decided February 7, 1984.

Opinion Concurring in Part and Dissenting in Part March 9, 1984.

Attorney(s) appearing for the Case

Braun A. Hamstead, Pros. Atty., Charles Town, for relator.

Pierre E. Dostert and Donald R. Giardina, pro se.

McGRAW, Justice:

In this habeas corpus proceeding, the petitioner, Braun A. Hamstead, Prosecuting Attorney of Jefferson County, challenges the authority of Judge Pierre E. Dostert, Circuit Judge of the Twenty-third Judicial Circuit, to order him sua sponte to seek a particular grand jury indictment. The petitioner also seeks to prohibit Judge Dostert from interfering further in the presentment of the case involved...

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