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KERNS v. WOLVERTON

No. 18864.

381 S.E.2d 258 (1989)

Gary Paul KERNS v. Honorable James H. WOLVERTON, Judge of the Circuit Court of Nicholas County.

Supreme Court of Appeals of West Virginia.

May 17, 1989.

Attorney(s) appearing for the Case

George S. Bennett, Kay, Casto & Chaney, Charleston, for Gary Paul Kerns.

BROTHERTON, Chief Justice:

The petitioner, Gary Paul Kerns, seeks a writ of prohibition against the respondents, Robert P. Martin, Special Prosecutor, and Dan Hardway, Private Prosecutor, prohibiting them from continuing the prosecution of the petitioner under indictments returned by a Nicholas County grand jury on August 16, 1988, and a writ of mandamus compelling respondent Judge James H. Wolverton to dismiss the indictments due to grand jury irregularities and...

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