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STATE EX REL. STATE v. GWALTNEY

No. 23-155.

STATE OF WEST VIRGINIA EX REL. STATE OF WEST VIRGINIA, Plaintiff Below, Petitioner, v. THE HONORABLE PAUL W. GWALTNEY, JR., JUDGE OF THE CIRCUIT COURT OF MONONGALIA COUNTY, WEST VIRGINIA; J.L. AND D.F., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: May 3, 2024.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Michael R. Williams, Esq. , Principal Deputy Solicitor General, Andrea Nease Proper , Deputy Attorney General, Office of the Attorney General, Charleston, West Virginia, Attorneys for the Petitioner.

Kevin T. Tipton, Esq. , Tipton Law Offices, Morgantown, West Virginia. Attorney for Respondents J.L. and D.F.

JUSTICE WOOTON concurs in part and dissents in part and may write separately.

Petitioner, the State of West Virginia, invokes this Court's original jurisdiction and seeks a writ of prohibition to prevent the Honorable Paul W. Gwaltney, Jr., Judge of the Circuit Court of Monongalia County, from enforcing the circuit court's order dismissing a six-count indictment.1 The indictment...

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