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STATE EX REL. KNOTTS v. FACEMIRE

No. 34647.

678 S.E.2d 847 (2009)

STATE of West Virginia ex rel. James L. KNOTTS, Petitioner v. The Honorable Richard FACEMIRE, Judge of the Circuit Court of Clay County; and The Honorable Kelly Hamon McLaughlin, Special Prosecuting Attorney of Clay County, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 5, 2009.

Attorney(s) appearing for the Case

William Edward ReBrook, III, Michael T. Clifford, Charleston, WV, for Petitioner.

Kelly Hamon McLaughlin, Special Prosecuting Attorney of Clay County, Sutton, WV, for Respondents.

McHUGH, Justice:

Petitioner James L. Knotts seeks a writ of prohibition to prevent a criminal jury trial set before the Circuit Court of Clay County1 from proceeding based on the lengthy delay between the alleged criminal offenses and the issuance of the indictment predicated on those offenses. Citing the thirteen-year period between when the State was first made aware of the alleged offenses and when it finally decided to charge him,...

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