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STATE EX REL. BROWN v. DIETRICK

No. 21904.

444 S.E.2d 47 (1994)

191 W.Va. 169

STATE of West Virginia ex rel. Eustace BROWN, Derek Johnson, Vincent Nelson and Donnie Smalls, Relators Below, Appellees, v. Jerry DIETRICK, Administrator, Eastern Regional Jail, and The Honorable Gail Boober, Jefferson County Magistrate, Respondents Below, The Honorable Gail Boober, Jefferson County Magistrate, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 20, 1994.

Attorney(s) appearing for the Case

Deborah A. Lawson, Jerome J. Dambro, Martinsburg, for appellee Eustace Brown.

Steven M. Askin, Askin, Burke & Schultz, Martinsburg, for appellee Vincent Nelson.

John M. Hedges, Charleston, for appellant Gail Boober, Jefferson County Magistrate.

James B. Rich, Martinsburg, for appellee Derek Johnson.

David A. Camilletti, Shepherdstown, for appellee Donnie Smalls.

MILLER, Justice:

In this appeal from a habeas corpus proceeding, we consider whether the Circuit Court of Jefferson County1 was correct in holding that a search warrant issued by a magistrate was void because the magistrate was married to the chief of police and one of his officers had procured the warrant.

The lower court determined that because the magistrate was married to the chief...

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