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STATE EX REL. McCOURT v. ALSOP

No. 33213.

648 S.E.2d 631 (2007)

STATE of West Virginia ex rel., Keith O'Dell McCOURT, Petitioner, v. The Honorable Jack ALSOP, Judge of the Circuit Court of Webster County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided February 22, 2007.

Attorney(s) appearing for the Case

Hunter D. Simmons, Esq., Buckhannon, WV, Attorney for the Petitioner.

Jeffrey L. Hall, Esq., Assistant Prosecuting Attorney, Webster County, Webster Springs, WV, Attorney for the State of West Virginia.

PER CURIAM.

In this original jurisdiction matter, the petitioner, Keith O'Dell McCourt, asks this Court to enter an order prohibiting the Circuit Court of Webster County, West Virginia, from conducting further proceedings in the underlying case wherein he was indicted for sexual assault in the second degree. The petitioner contends that the Circuit Court should have dismissed the indictment and discharged him from further prosecution because the State violated his...

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