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STATE EX REL. GAMES-NEELY v. SANDERS

No. 32875.

641 S.E.2d 153 (2006)

STATE of West Virginia ex rel. Pamela Jean GAMES-NEELY Petitioner, v. Honorable David H. SANDERS, Judge of the Circuit Court of Berkeley County, and Jason Eric Vanmetre, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 17, 2006.

Dissenting Opinion of Justice Starcher July 12, 2006.

Concurring Opinion of Justice Maynard July 18, 2006.

Attorney(s) appearing for the Case

Pamela Jean Games-Neely, Prosecuting Attorney, Christopher C. Quasenbarth, Assistant Prosecuting Attorney, Martinsburg, for the Petitioner.

John P. Adams, Public Defender Corporation, Martinsburg, for Respondent Jason Eric VanMetre.

DAVIS, Chief Justice:

In this action in prohibition, petitioner, the Prosecuting Attorney for Berkeley County, seeks to prevent the enforcement of the October 31, 2005, order of the Circuit Court of Berkeley County allowing a defendant, who has been arraigned on criminal charges in West Virginia and released on bail therefor, to waive extradition proceedings and be released to the Commonwealth of Virginia, prior to the conclusion of the criminal proceedings against...

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