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STATE EX REL. SIMS v. PERRY

No. 25629.

515 S.E.2d 582 (1999)

204 W.Va. 625

STATE of West Virginia ex rel. John G. SIMS, Prosecuting Attorney for Logan County, West Virginia, Petitioner, v. Honorable Roger L. PERRY, Judge of the Circuit Court of Logan County, and Tommy Dean Hunt, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Kathleen B. Murphy, Chief Assistant Prosecuting Attorney for Logan County, Logan, West Virginia, Attorney for the Petitioner.

Donald C. Wandling, Avis, Witten & Wandling, Logan, West Virginia, Attorney for the Respondent, Tommy Dean Hunt.

DAVIS, Justice:

In this original proceeding in prohibition, the State seeks to prohibit the Circuit Court of Logan County from enforcing its order suppressing incriminating statements made by the defendant, Tommy Dean Hunt [hereinafter "Hunt"], to a confidential police informant regarding activities that had been the subject of earlier criminal charges against Hunt, which charges had been dismissed approximately two years prior to his incriminating statements. Following...

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