STATE EX REL. SMITH v. SIMS

No. 14-0981.

772 S.E.2d 309 (2015)

STATE of West Virginia ex rel. Scott R. SMITH, Prosecuting Attorney of Ohio County, West Virginia, Petitioner v. Honorable David J. SIMS, Judge of the First Judicial Circuit, and J.Y., Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 9, 2015.


Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Christopher S. Dodrill, Esq. , Assistant Attorney General, Charleston, WV, Attorneys for Scott R. Smith.

Justin M. Hershberger, Esq. , Hershberger Law Office, Wheeling, WV, Attorney for J.Y.


The petitioner, Scott R. Smith, Prosecuting Attorney of Ohio County, West Virginia, invokes this Court's original jurisdiction and seeks a writ of prohibition to prevent the respondent, the Honorable David J. Sims, Judge of First Judicial Circuit, from dismissing a juvenile petition against the respondent

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