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STATE EX REL. KEENAN v. HATCHER

No. 29837.

557 S.E.2d 361 (2001)

210 W.Va. 307

STATE of West Virginia ex rel. Charles Garland KEENAN, Petitioner v. Honorable John W. HATCHER, Jr., Judge of the Circuit Court of Fayette County, and the State of West Virginia, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 30, 2001.

Concurring and Dissenting Opinion of Justice Davis December 10, 2001.

Attorney(s) appearing for the Case

John R. Mitchell, Sr., Michael T. Blevins, Dixon Ericson, Charleston, for Petitioner.

Darrell V. McGraw, Jr., Attorney General, Dawn E. Warfield, Deputy Attorney General, Charleston, for Respondent State of West Virginia.

McGRAW, Chief Justice:

In this original jurisdiction proceeding, the petitioner, Charles Garland Keenan, seeks a writ of prohibition and/or mandamus requiring the dismissal of a criminal recidivist information presently pending against him pursuant to W. Va.Code §§ 61-11-18 & -19 in the Circuit Court of Fayette County, arguing that such instrument is invalid based on the fact that the county prosecutor, under...

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