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STATE EX REL. RICHEY v. HILL

No. 31676.

603 S.E.2d 177 (2004)

216 W.Va. 155

STATE of West Virginia ex rel. Clyde H. RICHEY, Petitioner, v. Colonel Howard E. HILL, Jr., and Mike Clifford, Prosecuting Attorney for Kanawha County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 27, 2004.

Concurring Opinion of Chief Justice Maynard July 6, 2004.

Attorney(s) appearing for the Case

Jacques R. Williams, Hamstead, Williams & Shook, P.L.L.C., Morgantown, for the Petitioner.

Kelly D. Ambrose, Assistant Attorney General, Chief Legal Counsel, South Charleston, for Respondent Hill.

Mike Clifford, Prosecuting Attorney, Mary Beth Kershner, Assistant Prosecuting Attorney, Robert William Schulenberg, III, Assistant Prosecuting Attorney, Charleston, for Respondent Clifford.

DAVIS, J.

Clyde H. Richey (hereinafter "Mr. Richey") seeks an original jurisdiction writ of mandamus directing Colonel Howard E. Hill, Jr., Superintendent of the West Virginia State Police, and Mike Clifford, Prosecuting Attorney for Kanawha County, West Virginia (hereinafter "Colonel Hill" or "Mr. Clifford"), to either conduct DNA tests on certain evidence used in Mr. Richey's 1979 trial for third-degree sexual assault or to release such evidence so that he can arrange...

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