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STATE EX REL. CALLAHAN v. SANTUCCI

No. 29103.

557 S.E.2d 890 (2001)

210 W.Va. 483

STATE of West Virginia ex rel. Kevin CALLAHAN, Petitioner Below, Appellant, v. Honorable Katherine SANTUCCI, Magistrate, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 13, 2001.

Attorney(s) appearing for the Case

Kevin D. Mills, Esq., Martinsburg, West Virginia, Attorney for Appellant.

Darrell V. McGraw, Jr., Attorney General, Jon R. Blevins, Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellee.

McGRAW, Chief Justice:

This case presents the issue of whether a magistrate court is required to hold a hearing to permit a defendant to demonstrate "unavoidable cause" for the failure to request a jury trial within twenty days of an initial appearance, as required by W. Va.Code § 50-5-8(b) (1994) and Rule 5(c) of the West Virginia Rules of Criminal Procedure for Magistrate Courts. For the reasons set forth below,...

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