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STATE EX REL. GAMES-NEELY v. SILVER

No. 35499.

697 S.E.2d 47 (2010)

STATE of West Virginia ex rel. Pamela Jean GAMES-NEELY, Petitioner Below, v. Honorable Gray SILVER, III, Judge of the Circuit Court of Berkeley County; and James L. Blackford, III, Respondents Below.

Supreme Court of Appeals of West Virginia.

Decided June 3, 2010.

Attorney(s) appearing for the Case

Christopher Quasebarth, Chief Deputy Prosecuting Attorney, Martinsburg, WV, for Petitioner.

Jack Hickok, John Adams, Public Defender Corporation, for Respondent, Blackford.

McHUGH, Justice:

Petitioner Pamela Games-Neely, the Prosecuting Attorney of Berkeley County, seeks a writ of prohibition to prevent the Circuit Court of Berkeley County from enforcing its order of March 4, 2010, through which the trial court dismissed count one of a three-count indictment returned against James L. Blackford, III. In dismissing count one, which set forth the offense of arson in the first degree, the trial...

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