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STATE EX REL. GODFREY v. ROWE

No. 33444.

654 S.E.2d 104 (2007)

STATE of West Virginia ex rel. Terron GODFREY, Petitioner v. Honorable James J. ROWE, Judge of the Circuit Court of Greenbrier County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 16, 2007.

Attorney(s) appearing for the Case

Paul S. Detch, Esq., Lewisburg, for Petitioner.

Robert K. Hanson, Prosecuting Attorney, Stephen R. Dolly, Assistant Prosecuting Attorney, Lewisburg, for Respondent.

PER CURIAM:

The petitioner, in this prohibition action, seeks relief from this Court to prohibit the trial court from retrying the petitioner on a charge of sexual assault-third degree, after his first trial ended in a mistrial. The petitioner claims that to allow a second trial to proceed would place the petitioner in double jeopardy for the sexual assault-third degree offense in violation of the Fifth Amendment of the...

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