State ex rel. Kahle v. Risovich

The petitioner herein, Melvin W. Kahle, Jr., Prosecuting Attorney for Ohio County [hereinafter “Prosecutor Kahle”], requests this Court to issue a writ of prohibition to prevent the respondent herein, the Honorable Fred Risovich, II,1 from enforcing an order of the Circuit Court of Ohio County, entered February 9,1999, which awarded the second respondent herein, Leroy Brown [hereinafter “Brown”], a new trial. Brown’s request for a new trial resulted from his discovery of a police report containing newly-discovered evidence, which was allegedly exculpatory and impeachment evidence, which…