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STATE EX REL. CARENBAUER v. HECHLER

No. 27458.

542 S.E.2d 405 (2000)

208 W.Va. 584

STATE of West Virginia ex rel. George E. CARENBAUER, Petitioner, v. Honorable Ken HECHLER, Secretary of State of West Virginia, and the Honorable Warren R. McGraw, Justice of the Supreme Court of Appeals of West Virginia, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 31, 2000.

Dissenting Opinion of Justice Starcher December 14, 2000.

Attorney(s) appearing for the Case

George E. Carenbauer, Charleston, for Petitioner, Pro Se.

James M. Sprouse, Union, Rebecca A. Baitty, Sarasota, FL, for Respondent McGraw.

Darrell V. McGraw, Jr., Attorney General, Robert D. Williams, Assistant Attorney General, Charleston, for Respondent Hechler, Secretary of State of West Virginia.

Rudolph L. diTrapano, Charleston, Amicus Curiae.

SCOTT, Justice.

Relator George E. Carenbauer1 seeks a writ of mandamus to have Respondent, the Honorable Warren R. McGraw, declared ineligible as a candidate for election to a separate twelve-year term on this Court.2 As grounds for the extraordinary relief sought, Relator asserts that Justice McGraw fails to qualify as an eligible candidate for office due to his status as an incumbent currently fulfilling...

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