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JOHNSON v. TSAPIS

No. 20477.

413 S.E.2d 699 (1991)

David JOHNSON and Christinena Johnson, Petitioners, v. Honorable Callie TSAPIS, Judge of the Circuit Court of Brooke County and David B. Cross, Prosecuting Attorney for Brooke County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1991.

Rehearing Denied February 13, 1992.

Attorney(s) appearing for the Case

Frank H. Fitch, III, Public Defender, Weirton, for petitioners.

David B. Cross, Prosecuting Atty., Wellsburg, for respondents.

Marc B. Chernenko, William E. Watson & Associates, Wellsburg, amicus curiae brief on behalf of Ernest L. Cooper, Jr.

Michael Edward Nogay, Selletti & Nogay, Weirton, amicus curiae brief on behalf of Eric Burdette & Jason Hamill.

MILLER, Chief Justice:

In this original proceeding in prohibition, the petitioners, David Johnson and Christinena Johnson, seek to prevent further proceedings against them in a criminal prosecution in the Circuit Court of Brooke County. The circuit court denied the petitioners' motion to suppress certain evidence on the ground that it was obtained by a nonresident private investigator employed to assist the police in their...

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