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PEYATT v. KOPP

No. 20999.

428 S.E.2d 535 (1993)

189 W.Va. 114

Andrew Keith PEYATT, Appellee, v. Donald L. KOPP, II, Magistrate, and Edmund J. Matko, Prosecuting Attorney for Harrison County, Appellants.

Supreme Court of Appeals of West Virginia.

Decided March 12, 1993.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Atty. Gen., and Rodney L. Bean, Asst. Atty. Gen., Charleston, for appellants.

David J. Romano and Nancy Westmoreland Brown, Law Offices of David J. Romano, Clarksburg, for appellee.

McHUGH, Justice:

The State of West Virginia seeks review of an order of the Circuit Court of Harrison County which issued a writ of mandamus to compel the magistrate to reopen Andrew Keith Peyatt's preliminary hearing, and issued a writ of prohibition against the prosecuting attorney to prohibit him from presenting any evidence or testimony to the grand jury regarding the charges against Mr. Peyatt until another preliminary hearing is conducted.

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