State Ex Rel. West Virginia Department of Health & Human Resources v. Cline

The West Virginia Department of Health and Human Resources, as subrogee of Jeaneace L. Stump, seeks a writ of prohibition to prevent the execution of a final order of the Circuit Court of Webster County entered on February 8, 1991. The petitioner contends that the lower court erred by ordering the DNA fingerprinting blood testing of Jeaneace L. Stump, her son Oliver J. Stump, and the putative father, Delmas D. Simmons. We agree with the contentions of the petitioner and grant the writ of prohibition.

I

Oliver J. Stump was born on February 27, 1981, to Jeaneace L. Stump. The mother and child…