STATE EX REL. TATE v. BAILEY

No. 14998.

274 S.E.2d 519 (1991)

STATE of West Virginia ex rel. Gary Lee TATE v. Robert BAILEY, as Magistrate of Cabell County, West Virginia, and John Cuminings, as Prosecuting Attorney of Cabell County, West Virginia.

Supreme Court of Appeals of West Virginia.

Rehearing Denied April 2, 1991.


Attorney(s) appearing for the Case

Phillip C. Duff, Huntington, for relator.

Chauncey H. Browning, Jr., Atty. Gen. and Richard S. Glaser, Jr., Asst. Atty. Gen., Charleston, for respondents.


McHUGH, Justice.

This action is before this Court upon the petition of Gary Lee Tate, filed herein on September 26, 1980, for a writ of habeas corpus ad subjiciendum and writ of mandamus, upon the October 7, 1980, order of this Court commanding and directing the respondents to show cause why a peremptory writ of mandamus should not be awarded against them, the answer of the respondents and all other matters of record, including a transcript of the July 1, 1980, hearing...

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