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STATE EX REL. KEENE v. JORDAN

Nos. 22338, 22339.

451 S.E.2d 432 (1994)

192 W.Va. 131

STATE of West Virginia ex rel. Richard KEENE, Petitioner v. Steven J. JORDAN, Individually and as Municipal Judge of the City of Kenova; the City of Kenova, a West Virginia Municipal Corporation; Larry E. Smith, Individually and as Mayor of the City of Kenova; Ronald J. Dickerson, Individually and as Chief of Police of the City of Kenova; and George Morrone, III, Individually and as City Attorney of the City of Kenova, Respondents. STATE of West Virginia ex rel. Terry R. SPRY, Petitioner v. Steven J. JORDAN, Individually and as Municipal Judge of the City of Kenova; the City of Kenova, a West Virginia Municipal Corporation; Larry E. Smith, Individually and as Mayor of the City of Kenova; Ronald J. Dickerson, Individually and as Chief of Police of the City of Kenova; and George Morrone, III, Individually and as City Attorney of the City of Kenova, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 21, 1994.

Attorney(s) appearing for the Case

Fred Adkins and Fred B. Westfall, Jr., Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for petitioner, Richard Keene.

Robert M. Losey, Huntington, for petitioner, Terry R. Spry.

Amy M. Herrenkohl, Kenova, for respondents.

McHUGH, Justice:

The petitioners, Richard Keene, who is employed as a trainmaster by the Norfolk and Western Railway Company, and Terry Spry, who is employed by the Division of Highways of the Department of Transportation of the State of West Virginia, seek a writ of prohibition in order to prohibit the respondents from pursuing criminal prosecution in municipal court. The respondents are Steven G. Jordan, the Municipal Judge of the City of Kenova; Larry E. Smith...

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