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STATE EX REL. BAILES v. JOLLIFFE

No. 27912.

541 S.E.2d 571 (2000)

STATE of West Virginia ex rel. Wayne Keith BAILES, Petitioner v. Honorable Frank E. JOLLIFFE, Judge of the Circuit Court of Greenbrier County, and Stephen Dolly, Special Prosecuting Attorney, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 3, 2000.

Attorney(s) appearing for the Case

M. Steven Sinkiewicz, Public Defender, Lewisburg, for Petitioner.

Stephen R. Dolly, Special Prosecuting Attorney, Charleston, for Respondents.

PER CURIAM:

The petitioner, Wayne Keith Bailes, filed a petition for a writ of prohibition against the respondents, the Honorable Frank Jolliffe, Judge of the Circuit Court of Greenbrier County, West Virginia, and Stephen Dolly, special prosecuting attorney, seeking to prohibit the respondent judge from retrying him for the charges contained in indictment number 99-F-68(J) after his first trial ended in a mistrial. We issued a rule to show cause.

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