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HUNDLEY v. ASHWORTH

No. 19016.

382 S.E.2d 573 (1989)

Leslie HUNDLEY v. Hon. John ASHWORTH, Judge of the Circuit Court of Raleigh County.

Supreme Court of Appeals of West Virginia.

July 14, 1989.

Attorney(s) appearing for the Case

Michael E. Froble, Public Defender Corp., Beckely, for Leslie Hundley.

Thomas J. Gillooly, Charleston, Larry R. Frail, Pros. Atty. of Raleigh Co., Beckley, Beth Hunter, Asst. Atty. Gen., Charleston, for Judge Ashworth.

MILLER, Justice:

This is an original proceeding in prohibition to consider whether the relator's due process rights were violated by an eight-year delay before he was indicted. The relator filed a motion for a writ of prohibition with this Court on March 3, 1989, and a rule to show cause was issued on April 4, 1989.

On September 16, 1988, the relator, Leslie Hundley, was indicted by a grand jury in Raleigh County on two counts of first degree sexual assault...

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