Ex parte Whetstone v. Catoe

Justice BURNETT:

Charles W. Whetstone, Jr., (“Whetstone”), a former circuit court judge, brings this action in our original jurisdiction through a common law writ of certiorari to quash a subpoena requiring him to testify in a Post Conviction Relief (“PCR”) hearing for Thomas Ivey (“Ivey”). We reverse.

FACTS

Ivey filed a PCR petition alleging, inter alia, his trial counsel, Michael Culler (“Culler”), provided ineffective assistance of counsel. Ivey alleges Culler had a conflict of interest because of his friendship with Officer Thomas Harrison (“Officer Harrison”), a man for whose murder Ivey…