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STATE EX REL. TRUMP v. HOTT

No. 21093.

421 S.E.2d 500 (1992)

187 W.Va. 749

STATE of West Virginia ex rel. Charles S. TRUMP, IV, Prosecuting Attorney for Morgan County, Relator, v. Honorable Donald C. HOTT, Special Judge of the Circuit Court of Morgan County, and Dennis G. Berger, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 20, 1992.

Attorney(s) appearing for the Case

Charles S. Trump, IV, Pros. Atty., Morgan County, Berkeley Springs, for relator.

Richard G. Gay and Leah R. Stotler, Stotler & Stotler, Berkeley Springs, for respondent Dennis G. Berger.

PER CURIAM:

The relator, Charles S. Trump, IV, Prosecuting Attorney for Morgan County, seeks a writ of prohibition to prevent the Honorable Donald C. Hott, Special Judge of the Circuit Court of Morgan County, from granting a new trial in the case of State v. Berger, Case No. 90-F-12. For the reasons stated below, we deny the writ.

Dennis G. Berger was convicted of four counts of second-degree sexual assault on November 4, 1991. On January 23, 1992,...

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