STATE EX REL. CONLEY v. HILL

No. 23839.

487 S.E.2d 344 (1997)

199 W.Va. 686

STATE of West Virginia ex rel. Ginny CONLEY, Prosecuting Attorney for Wood County, Petitioner, v. Honorable George W. HILL, Judge of the Circuit Court of Wood County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 30, 1997.


Attorney(s) appearing for the Case

Ginny Conley, Wood County Prosecutor, Parkersburg, for Petitioner.

George W. Hill, Wood County Circuit Court Judge, Parkersburg, for Respondent.


WORKMAN, Chief Justice:

Virginia Conley, as the Prosecuting Attorney of Wood County, seeks a writ of mandamus against Respondent, the Honorable George W. Hill, Judge of the Circuit Court of Wood County, directing him to alter and correct the instructions given to the grand jury concerning third offense driving under the influence ("DUI") of alcohol. Because we conclude that Judge Hill wrongly instructed the grand jury regarding whether DUI convictions under Ohio law...

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