STATE EX REL. ROY ALLEN v. STONE

No. 23355.

474 S.E.2d 554 (1996)

196 W.Va. 624

STATE of West Virginia ex rel., ROY ALLEN S., Petitioner, v. Honorable Robert B. STONE, Judge of the Circuit Court of Monongalia County, Thomas S. and Tina Marie P.S., Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 14, 1996.


Attorney(s) appearing for the Case

J. Michael Benninger, Wilson, Frame, Benninger & Matheny, Morgantown, for Petitioner.

Fonda L. Holehouse, Morgantown, for Respondent Thomas S.

Cheryl A. McCray, Hamstead, Hamstead & Williams, Morgantown, guardian ad litem.

Linda M. Gutsell, Rose, Padden & Petty, Morgantown, for Respondent Tina Marie P.S.


CLECKLEY, Justice.

In this original proceeding in prohibition, we must decide whether W.Va.Code, 48A-6-1 (1993),1 violates the Due Process Clause in Section 10 of Article III of the West Virginia Constitution. The relator, Roy Allen S. (Roy),2 requests this Court to issue a rule to show cause why a writ of prohibition should not be issued against the respondent,...

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