Legal Opinion

SER Bryan D. Thompson v. Hon. Joseph C. Pomponio, Judge

West Virginia Supreme Court

Decided April 23, 2014No. 13-1036PublishedCited by 15 opinions

1Opinion of the Court

LOUGHRY, Justice:

The petitioner, Bryan D. Thompson, invokes this Court’s original jurisdiction 1 by seeking a writ of prohibition to prevent his prosecution on charges of breaking and entering and grand larceny. The petitioner contends that those charges were previously dismissed pursuant to a court-approved plea agreement. For the reasons set forth below, we grant the requested writ.

I. Factual and Procedural Background

In October of 2007, the petitioner was indicted by a Pocahontas County grand jury in a case numbered 07-F-14 (hereinafter “Case No. 07-F-14”). Count I of the indictment charged…

2Cases cited42 opinions

  1. United States v. John Robert AndisCourt of Appeals for the Eighth Circuit · 2003
  2. State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
  3. United States v. Michael Lee HarveyCourt of Appeals for the Fourth Circuit · 1986
  4. State v. BethelOhio Supreme Court · 2006
  5. United States v. William Eugene CarterCourt of Appeals for the Fourth Circuit · 1972

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3Cited by15 opinions

  1. State of West Virginia v. Jessica May WilsonWest Virginia Supreme Court · 2016
  2. State of West Virginia v. Virgil Eugene ShraderWest Virginia Supreme Court · 2014
  3. Andrew Miller v. Craig Roberts, SuperintendentWest Virginia Supreme Court · 2019
  4. Cindy Allman v. J.D. Sallaz, Superintendent, Lakin Correctional CenterWest Virginia Supreme Court · 2020
  5. Holt v. West Virginia-American Water Co.West Virginia Supreme Court · 2014

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