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STATE EX REL. STATE v. GUSTKE

No. 25403.

516 S.E.2d 283 (1999)

205 W.Va. 72

STATE of West Virginia ex rel. the STATE of West Virginia, Petitioner, v. Honorable Arthur GUSTKE, Special Judge of the Circuit Court of Wood County, and Mikhail Braverman, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 21, 1999.

Attorney(s) appearing for the Case

Ginny Conley, Prosecuting Attorney, Jodie M. Boylen, Assistant Prosecuting Attorney, Parkersburg, West Virginia, Attorneys for the Petitioner.

Michele Rusen, Parkersburg, West Virginia, Attorney for Respondent Mikhail Braverman.

DAVIS, Justice:

In this original proceeding in prohibition, petitioner Ginny Conley, Prosecuting Attorney for Wood County, seeks to prohibit the Honorable Arthur Gustke, Special Judge of the Circuit Court of Wood County, from enforcing an order dismissing an indictment that charged respondent Mikhail Braverman with "Driving While Under the Influence of Alcohol, Third Offense," in violation of W. Va.Code § 17C-5-2(k) (1996) (Repl.Vol.1996), and "Driving While...

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