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STATE EX REL. WRIGHT v. STUCKY

No. 25839.

517 S.E.2d 36 (1999)

205 W.Va. 171

STATE of West Virginia ex rel. David V. WRIGHT and Christopher David Wright, Petitioners, v. Honorable James C. STUCKY, Judge of the Circuit Court of Kanawha County, and Marcella Gherke, parent, next friend and legal guardian of George Adam Smoot, a minor, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 17, 1999.

Attorney(s) appearing for the Case

Daniel W. Greear, Esq., Ellen R. Archibald, Esq., Kesner, Kesner & Bramble, Charleston, West Virginia, Attorney for Petitioners.

Debra C. Price, Esq., Charleston, West Virginia, Attorney for Respondent Marcella Gherke.

STARCHER, Chief Justice:

In the instant case, we issue a writ of prohibition barring the enforcement of an order by the Circuit Court of Kanawha County. The order prohibited David and Christopher Wright from refusing to answer questions in a civil deposition based on their constitutional right not to give self-incriminating testimony.

I.

Facts and Background

George Smoot, a minor (by his...

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