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HOLCOMB v. SADLER

No. 33669.

658 S.E.2d 562 (2008)

Ronald W. HOLCOMB, Petitioner v. The Honorable William SADLER, Judge of the Circuit Court of Mercer County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided February 15, 2008.

Attorney(s) appearing for the Case

Henry L. Harvey, Joseph T. Harvey, Harvey & Janutolo Law Offices, Princeton, WV, for Petitioner.

Timothy D. Boggess, Mercer County Prosecuting Attorney, Princeton, WV, for Respondent.

PER CURIAM.

Petitioner Ronald W. Holcomb seeks a writ of prohibition from this Court to prohibit the Mercer County Circuit Court from enforcing an order approving DNA testing of his deceased child's fingernail scrapings at the West Virginia State Police Crime Laboratory. Arguing that the DNA testing should be performed by an independent laboratory rather than the state's crime lab, Mr. Holcomb, who is charged with first degree murder and death of a child by a parent...

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