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STATE EX REL. KNOTTS v. WATT

No. 20207.

413 S.E.2d 173 (1991)

STATE of West Virginia ex rel. Darrell Gene KNOTTS and Rosalee Juba-Plumley Special Prosecuting Attorney for the 29th Judicial Circuit, Petitioners, v. Honorable Clarence L. WATT, III, Judge of the 29th Judicial Circuit, Respondent.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Richard M. Riffe, Charleston, Rosalee Juba-Plumley, Hurricane, for petitioners.

Joanna I. Tabit, Deputy Atty. Gen., Appellate Div., Charleston, for respondent.

MILLER, Chief Justice:

In this original proceeding in prohibition, the issue is whether the Circuit Court of Putnam County exceeded its jurisdiction in failing to quash an indictment. The relators are the defendant, Darrell Gene Knotts, and the special prosecutor, Rosalee Juba-Plumley. The regular prosecutor, O.C. Spaulding, had originally disqualified himself from prosecuting the underlying criminal case. However, the relators contend that the prosecutor's representation...

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