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STATE EX REL. WEBB v. McCARTY

No. 27765.

542 S.E.2d 63 (2000)

208 W.Va. 549

STATE of West Virginia ex rel. Marjorie Louise WEBB, Petitioner, v. Honorable Charles E. McCARTY, Judge of the Circuit Court of Roane County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2000.

Dissenting Opinion of Chief Justice Maynard December 5, 2000.

Attorney(s) appearing for the Case

Richard D. Frum, Esq., Spencer, West Virginia, Attorney for Petitioner.

Rebecca Stafford, Esq., Prosecuting Attorney, Spencer, West Virginia, Attorney for Respondent.

PER CURIAM:

Defendant below Marjorie Webb petitions the Court for a writ of prohibition, or in the alternative, a writ of mandamus and a motion for stay, to prevent the Circuit Court of Roane County from trying her on a charge of third offense shoplifting before allowing her to complete a psychiatric evaluation. Webb also challenges the validity of two prior shoplifting convictions. We agree that Ms. Webb should be able to complete her psychiatric examination before...

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