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THOMPSON v. STEPTOE

No. 18205.

366 S.E.2d 647 (1988)

Michael D. THOMPSON, Prosecuting Attorney, Jefferson County, West Virginia v. Honorable Thomas W. STEPTOE, Jr., Judge of the Circuit Court of Jefferson County.

Supreme Court of Appeals of West Virginia.

February 23, 1988.

Attorney(s) appearing for the Case

Silas B. Taylor, Deputy Atty. Gen., J. Michael Cassell, Asst. Pros. Atty., Charleston, for petitioner.

Judith Jones, Public Defender Corp., Martinsburg, for Gary Wilson.

BROTHERTON, Justice:

The Jefferson County prosecutor, petitioner in this mandamus action, asks the Court to compel the respondent, Judge Steptoe, to reconsider his ruling on a motion to suppress a confession. The judge believes himself to be without authority to reopen a suppression hearing once an order to suppress the confession has been entered. For the reasons discussed below, we find that the trial court may reopen a suppression hearing when new or additional...

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