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STATE EX REL. STATE v. BURNSIDE

No. 13-0733.

757 S.E.2d 803 (2014)

STATE of West Virginia ex rel. STATE of West Virginia, Petitioner v. The Honorable Robert A. BURNSIDE, Jr., Judge of the Circuit Court of Raleigh County; and Richard E. Hardison, Jr., Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 17, 2014.

Attorney(s) appearing for the Case

Patrick Morrisey , Attorney General, Scott E. Johnson, Esq. , Senior Assistant Attorney General, Charleston, WV, for the Petitioner.

Timothy J. LaFon, Esq. , Ciccarello, DelGuidice & LaFon, PLLC, Charleston, WV, for the Respondent Richard E. Hardison, Jr.

Justice KETCHUM:

The Petitioner, the State of West Virginia, invokes this Court's original jurisdiction in prohibition to challenge the June 26, 2013, order of the Circuit Court of Raleigh County suppressing an audio recording which the State sought to introduce in its criminal prosecution of Respondent Richard E. Hardison, Jr., a licensed lawyer in West Virginia ("Lawyer Hardison"). The Raleigh County Sheriff's Department sent a confidential informant, equipped with...

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