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KELLER v. FERGUSON

No. 17505.

355 S.E.2d 405 (1987)

James KELLER v. The Honorable Alfred E. FERGUSON, Circuit Court Judge, etc., and John Cummings, Prosecuting Attorney of Cabell County.

Supreme Court of Appeals of West Virginia.

March 19, 1987.

Attorney(s) appearing for the Case

Phillip C. Duff, Huntington, for appellant.

Charles G. Brown, Atty. Gen., and Mary Beth Kershner, Asst. Atty. Gen., Charleston, for appellees.

MILLER, Justice:

A mistrial was granted during the trial of the petitioner, James Keller, after the prosecutor claimed the petitioner's attorney asked improper questions of a State's witness on cross-examination. Mr. Keller now seeks a writ of prohibition to prevent his retrial upon two grounds: (1) that he was deprived of his right to a speedy trial in violation of W.Va.Code, 62-3-1, and (2) that his retrial is barred by former jeopardy because there was no "manifest...

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