Preview:

No. 32747 -State of West Virginia ex rel. Paul M. Blake, Jr., Prosecuting Attorney
v. The Honorable John W. Hatcher, Jr., Judge of the Circuit Court of Fayette County and Robert Eugene Carroll
FILED December 6, 2005
released at 3:00 p.m.
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
Davis, J., concurring:
In this case, the majority opinion has held that the State of West Virginia has standing to move for the disqualification of defense counsel in a criminal proceeding in limited circumstances.  I concur in this holding, and write separately to reconcile this holding with the position I took in my concurring opinion in State ex rel. Youngblood v. Sanders, 212
W. Va. 885, 894, 575 S.E.2d 864, 873 (2002). In Youngblood, I expressed my view that the State did not have standing to disqualify defense counsel.  I observed in my separate opinion in Youngblood that

Download 32747c.pdf

West Virginia Law