State Ex Rel. Richey v. Hill

Clyde H. Richey (hereinafter “Mr. Rich-ey”) seeks an original jurisdiction writ of mandamus directing Colonel Howard E. Hill, Jr., Superintendent of the West Virginia State Police, and Mike Clifford, Prosecuting Attorney for Kanawha County, West Virginia (hereinafter “Colonel Hill” or “Mr. Clifford”), to either conduct DNA tests on certain evidence used in Mr. Richey’s 1979 trial for third-degree sexual assault or to release such evidence so that he can arrange his own testing. Having reviewed the petition and supporting memorandum, Colonel Hill’s and Mr. Clifford’s responses and exhibits,…