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STATE v. JAMES R., II

No. 20933.

422 S.E.2d 521 (1992)

188 W.Va. 44

STATE of West Virginia, Plaintiff Below, Appellant, v. JAMES R., II, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 9, 1992.

Attorney(s) appearing for the Case

Mario J. Palumbo, Atty. Gen., Michael J. Basile, Asst. Atty. Gen., Charleston, for appellant.

Thomas R. Michael, Michael & Kupec, Clarksburg, for appellee.

BROTHERTON, Justice:

In an order dated November 6, 1991, the Circuit Court of Harrison County disqualified the Prosecuting Attorney of Harrison County and his assistants from pursuing sexual abuse charges against the appellee. The basis for this decision was the prosecution's representation of the State of West Virginia in a civil abuse and neglect case which arose from the same facts and circumstances. The appellant, the State of West Virginia, now appeals from this...

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