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STATE EX REL. TYLER v. MacQUEEN

No. 22269.

447 S.E.2d 289 (1994)

191 W.Va. 597

STATE of West Virginia ex rel. Calvin Ray TYLER, Petitioner, v. Honorable A. Andrew MacQUEEN III, Judge of the Circuit Court of Kanawha County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1994.

Attorney(s) appearing for the Case

Gary A. Collias, McIntyre & Collias, William Lester, Charleston, for petitioner.

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

WORKMAN, Justice:

Petitioner, Calvin Ray Tyler, seeks a writ of prohibition against Respondent, Judge Andrew MacQueen of the Circuit Court of Kanawha County, for failing to disqualify the Kanawha County Prosecuting Attorney's Office ("prosecutor's office") from proceeding against him on various criminal charges. Petitioner alleges that Judge MacQueen abused his power in not appointing a special prosecutor given the conflict of interest created by the employment of...

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