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STATE EX REL. PLANTS v. WEBSTER

No. 12-0404.

753 S.E.2d 753 (2012)

STATE of West Virginia ex rel Mark PLANTS, Prosecuting Attorney of Kanawha County, West Virginia, Petitioner v. The Honorable Carrie WEBSTER, in her Official Capacity as Judge of the Circuit Court of Kanawha County, West Virginia, and David Washington Kinney, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2012.

Attorney(s) appearing for the Case

Mark Plants , Prosecuting Attorney, Erica N. Lord, Esq. , Benjamin Freeman, Esq. , Assistant Prosecuting Attorneys, Charleston, WV, for Petitioner.

J. Timothy DiPiero, Esq. , Olubunmi T. Kusimo, Esq. , Katherine R. Snow, Esq. , Charleston, WV, for Respondent David Washington Kinney.

PER CURIAM:

The petitioner, Mark Plants, Prosecuting Attorney for Kanawha County, West Virginia, invokes this Court's original jurisdiction in prohibition to challenge the March 8, 2012, ruling of the Circuit Court of Kanawha County barring the introduction of certain shell casings found at the scene of the crime and firearms and ammunition seized from a residence associated with respondent David Washington Kinney. The evidence was suppressed as a sanction for the...

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