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STATE EX REL. HENDERSON v. HEY

No. 21425.

424 S.E.2d 741 (1992)

188 W.Va. 396

STATE of West Virginia ex rel. Mark E. HENDERSON, Petitioner, v. Honorable John HEY, Judge of the Circuit Court of Kanawha County and William C. Forbes, Prosecuting Attorney for Kanawha County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 10, 1992.

Attorney(s) appearing for the Case

William E. Hamb, Robert W. Kiefer, Jr., Hamb, Poffenbarger & Bailey, Charleston, for petitioner.

William C. Forbes, Pros. Atty., Kanawha County, Mary Beth Kershner, Asst. Pros. Atty., Kanawha County, Charleston, for respondent.

PER CURIAM:

Mark E. Henderson seeks to prohibit the Honorable John Hey, Judge of the Circuit Court of Kanawha County, and William C. Forbes, Prosecuting Attorney for Kanawha County, from prosecuting him on a charge of malicious wounding. W.Va. Code 61-2-9 [1978]. Mr. Henderson maintains that such a trial would violate his due process rights because the State delayed twenty-three months between his arrest and indictment. Mr. Henderson maintains that the State...

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