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ROBERTSON v. GOLDMAN

No. 18250.

369 S.E.2d 888 (1988)

James Wesley ROBERTSON and Wesley Neal Robertson v. Honorable Jay GOLDMAN, Charleston Municipal Judge, and Connie Felty, Deputy Clerk of the Municipal Court of the City of Charleston.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion June 21, 1988.

Attorney(s) appearing for the Case

Marye L. Wright, Charleston, for petitioners.

John M. Charnock, Jr., City Atty., Charleston, for respondents.

McGRAW, Justice:

This is an original petition for writs of mandamus and prohibition. The Petitioners are James Wesley Robertson, who was arrested for shoplifting, and Wesley Neal Robertson, who posted a cash bond to secure James' release. The Respondents are Jay Goldman, a Charleston Municipal Judge, and Connie Felty, a Deputy Clerk of the Municipal Court. The Petitioners pray that the Respondents be required to return the cash bond and cease incarcerating criminal...

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