State Ex Rel. Conley v. Hill

WORKMAN, Chief Justice:

Virginia Conley, as the Prosecuting Attorney of Wood County, seeks a writ of mandamus against Respondent, the Honorable George W. Hill, Judge of the Circuit Court of Wood County, directing him to alter and correct the instructions given to the grand jury concerning third offense driving under the influence (“DUI”) of alcohol. Because we conclude that Judge Hill wrongly instructed the grand jury regarding whether DUI convictions under Ohio law could be considered as previous offenses under West Virginia law pursuant to West Virginia Code § 17C-5-2 (1996), we grant a writ…