Legal Opinion

State Ex Rel. McClanahan v. Hamilton

West Virginia Supreme Court

Decided April 23, 1993No. 21523PublishedCited by 44 opinions

1Opinion of the Court

MILLER, Justice:

In this original proceeding in prohibition, Angela McClanahan, the relator, seeks to prevent the respondent judge from proceeding in the criminal action against her until Jerry Moore, the Prosecuting Attorney of Pendleton County, is disqualified from the case. The relator asserts that Mr. Moore should be prohibited from participating in the prosecution because he previously represented her in a civil action involving a substantially related matter. We agree, and, accordingly, we grant a writ of prohibition.

I

On November 4, 1992, Angela McClana-han was indicted by a Pendleton…

2Cases cited42 opinions

  1. Wheat v. United StatesSupreme Court of the United States · 1988
  2. T. C. Theatre Corp. v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1953
  3. Alfred B. Freeman v. Chicago Musical Instrument Co.Court of Appeals for the Seventh Circuit · 1982
  4. The Government of India and the Food Corporation of India v. Cook Industries, Inc. And Cook and CompanyCourt of Appeals for the Second Circuit · 1978
  5. Hull v. Celanese Corp.Court of Appeals for the Second Circuit · 1975

37 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. State v. BarnettNew Mexico Court of Appeals · 1998
  2. State ex rel. Bluestone Coal Corp. v. MazzoneWest Virginia Supreme Court · 2010
  3. State Ex Rel. Keenan v. HatcherWest Virginia Supreme Court · 2001
  4. State Ex Rel. DeFrances v. BedellWest Virginia Supreme Court · 1994
  5. State Ex Rel. Blake v. HatcherWest Virginia Supreme Court · 2005

39 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API