SER Pamela Jean Games-Neely v. Hon. Joann Overington, Magistrate

This ease is before the Court upon the appeal of the prosecuting attorney of Berke ley County, West Virginia (“the State”), from the October 5, 2011, order of the circuit court of Berkeley County, West Virginia, denying the State’s petition for writ of prohibition. Before the circuit court, the State sought to prohibit the enforcement of the Respondent magistrate’s order directing the State to produce certain discovery to Christopher Seidell (“the Defendant”) in a pending misdemeanor driving under the influence (“DUI”) case. The State argues that the circuit court erred in denying the writ of…