Legal Opinion
State ex rel. Spaulding v. Watt
West Virginia Supreme Court
Decided October 17, 1991No. 20384PublishedCited by 3 opinions
1Opinion of the Court
MILLER, Chief Justice:
In this original proceeding in prohibition, the relator, the Prosecuting Attorney of Putnam County, seeks to prevent the respondent judge from requiring a potential witness for the State in a criminal prosecution to give a deposition to the defense. We find that the court exceeded its legitimate powers in ordering the deposition, and we grant the writ of prohibition prayed for.
The defendant below, Michael B. Pauley, was indicted in the Circuit Court of Putnam County on a charge of first-degree murder in connection with the August 29, 1990 death of James C. Lewis. The…
2Cases cited14 opinions
- California v. GreenSupreme Court of the United States · 1970
- United States v. Ismaili, Lakbir Moulay. Appeal of Lakbir Moulay IsmailiCourt of Appeals for the Third Circuit · 1987
- United States v. Charles H. Kehm, Iii, and Steven M. GreenbergCourt of Appeals for the Seventh Circuit · 1986
- United States v. Donald Wayne Rich A/k/a, Lyle LuncefordCourt of Appeals for the Ninth Circuit · 1978
- United States v. Marcelino Efrain Alvarez, Jose Delgado Ramirez, Juan Ramon Mosquero-Herrera, Juan Ramon GomezCourt of Appeals for the Eleventh Circuit · 1988
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3Cited by3 opinions
- State v. MillerWest Virginia Supreme Court · 1995
- State v. ReedWest Virginia Supreme Court · 2009
- State of West Virginia v. Todd BoothWest Virginia Supreme Court · 2017