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STATE EX REL. ASH v. SWOPE

No. 13-0458.

751 S.E.2d 751 (2013)

STATE of West Virginia ex rel. Scott ASH, Prosecuting Attorney of Mercer County, West Virginia, Petitioner v. The Honorable Derek C. SWOPE, Judge of the Circuit Court of Mercer County, West Virginia, and Chubby Hoston, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 6, 2013.

Attorney(s) appearing for the Case

Joseph T. Harvey, Esq. , Harvey and Janutolo Law Offices, Princeton, WV, for Respondent, Chubby Hoston.

Patrick Morrisey , Attorney General, Laura Young , Assistant Attorney General, Charleston, WV, for Petitioner.

KETCHUM, Justice:

Petitioner Scott Ash, the prosecuting attorney for Mercer County, West Virginia, invokes this Court's original jurisdiction in prohibition to challenge the April 26, 2013, order of the Circuit Court of Mercer County quashing a subpoena and barring the use of video evidence in a criminal prosecution. The circuit court's order prevented Respondent Chubby Hoston's guardian ad litem, appointed in a family court proceeding, from testifying in a subsequent...

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