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BURDETTE v. LOBBAN

No. 16494.

323 S.E.2d 601 (1984)

John E. BURDETTE, II v. The Honorable Charles M. LOBBAN.

Supreme Court of Appeals of West Virginia.

December 6, 1984.

Attorney(s) appearing for the Case

Mary Beth Kershner, Asst. Atty. Gen., Lauren Young, Charleston, for petitioner.

Richard Gunoe, Asst. Pros. Atty., Hinton, for respondent, Judge.

David L. Parmer, Hinton, for M.J. and V.J.

Perry E. Mann, Hinton, for R.J.

NEELY, Justice:

The petitioners seek to prohibit the enforcement of certain provisions of a circuit court order permitting the interrogation of the alleged child-victim of sexual abuse outside the presence of her court-appointed attorney. Because of the clear language of W.Va.Code 49-6-2(a) [1984] providing that a child in a neglect or abuse proceeding shall have the right to be represented by counsel "at every stage of the proceedings", we award the writ....

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