Legal Opinion

SER Pamela Jean Games-Neely, Pros. Attorney v. Hon. Gray Silver III, Judge

West Virginia Supreme Court

Decided November 18, 2015No. 15-0205Published

1Opinion of the Court

BENJAMIN, Justice;

In this original proceeding, the Prosecuting Attorney of Berkeley County, West Virginia, petitions for extraordinary relief in the underlying criminal matter, seeking to prohibit the circuit court from enforcing its rulings in limine pertaining to certain evidence the prosecution desired to introduce at the upcoming trial of Donald Bowers for alleged sex crimes against an eleven-year-old girl. 1 The prosecutor challenges a pair of orders issued by the circuit court, insofar as the effect of such orders would withhold from evidence a two-page entry in the child’s diary and,…

2Cases cited12 opinions

  1. State v. Edward Charles L.West Virginia Supreme Court · 1990
  2. State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
  3. Crawford v. TaylorWest Virginia Supreme Court · 1953
  4. Matter of Jonathan P.West Virginia Supreme Court · 1989
  5. State v. KaufmanWest Virginia Supreme Court · 2011

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