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State of WV v. R. James

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 1992 Term
No. 20933
STATE OF WEST VIRGINIA, Plaintiff Below, Appellant,
v.
JAMES R., II,
Defendant Below, Appellee

Appeal from the Circuit Court of Harrison County Honorable Frank J. Maxwell, Judge Civil Action Nos. 91-F-132-2, 91-F-131-2, 91-J-79-2, 91-J-80-2 REVERSED
Submitted: September 23, 1992 Filed: October 9, 1992 Mario J. Palumbo, Attorney General Michael J. Basile, Assistant Attorney General Charleston, West Virginia Attorney for the Appellant
Thomas R. Michael Michael & Kupec Clarksburg, West Virginia Attorney for the Appellee
JUSTICE BROTHERTON delivered the Opinion of the Court.
SYLLABUS BY THE COURT
1.
"Prosecutorial disqualification can be divided into two major categories. The first is where the prosecutor has had some attorney-client relationship with the parties involved whereby he obtained privileged information that may be adverse to the defendant's interest in regard to the pending criminal charges. A second category is where the prosecutor has some direct personal interest arising from animosity, a financial interest, kinship, or close friendship such that his objectivity and impartiality are called into question." Syllabus point 1, Nicholas v. Sammons, 178 W.Va. 631, 363 S.E.2d 516 (1987).

2.
"As the primary responsibility of a prosecuting attorney is to seek justice, his affirmative duty to an accused is fairness." Syllabus point 2, State v. Britton, 157 W.Va. 711, 203 S.E.2d 462 (1974).

3.
No evidence that is acquired from a parent or any other person having custody of a child, as a result of medical or mental examinations performed in the course of civil abuse and neglect proceedings, may be used in any subsequent


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criminal proceedings against such person. W.Va. Code

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