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NELSON v. FERGUSON

No. 19834.

399 S.E.2d 909 (1990)

Hon. Robert R. NELSON, et al. v. Hon. Alfred E. FERGUSON, Judge, et al.

Supreme Court of Appeals of West Virginia.

December 13, 1990.

Attorney(s) appearing for the Case

Richard L. Mills, Norman E. Rood, Rood & Mills, L.C., Huntington, for Robert R. Nelson.

Roger W. Tompkins, Atty. Gen., Mary Catherine Buchmelter, Sr. Asst. Atty. Gen., Charleston, for WV Human Rights Com'n.

Christopher D. Chiles, Pros. Atty., Huntington, for Alfred E. Ferguson.

John F. Cyrus, Lockwood, Egnor, Gardner & Cyrus, Huntington, for Darrell G. Black.

Pamela Berger, WV Advocates, Inc., Charleston, filed brief of Amicus Curiae.

NEELY, Chief Justice:

In this case we are asked to determine the proper procedure for the production of mental health records alleged to be relevant to the issue of a witness's credibility.

In August 1990, a cross was burned in the yard of Leigh Anne H., a sixteen year old girl. Thereafter, the West Virginia human rights commission investigated the incident. In the course of the investigation, or during news interviews following the

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