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STATE v. FRAZIER

No. 23530.

482 S.E.2d 663 (1996)

198 W.Va. 678

STATE of West Virginia ex rel. The WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Legal Custodian of Stephen B. and Justin B., Juveniles, Petitioner v. Honorable John R. FRAZIER, Judge of the Circuit Court of Mercer County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1996.

Attorney(s) appearing for the Case

Barbara L. Baxter, Assistant Attorney General, Charleston, for Petitioners.

William Flanigan, Sanders, Austin, Swope & Flanigan, Charleston, and John M. Hedges, Byrne & Hedges, Morgantown, for Respondent.

David Anthony Sade, Executive Director and Legal Counsel Juvenile Facilities Review Panel, Charleston, for Amicus Curiae.

WORKMAN, Justice:

The West Virginia Department of Health and Human Resources ("DHHR" or the "Department"), as legal custodian for Steven B. and Justin B.,1 seeks a writ of prohibition against the Honorable John R. Frazier to prevent the placement of these juveniles and any other juveniles into facilities already housing their respective licensed capacities. Additionally, DHHR seeks a directive...

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