Pitsenbarger v. Nuzum

NEELY, Justice:

In this case we are asked to invoke our original jurisdiction and, by writ of prohibition, prohibit the respondent judge from going forward with petitioner’s criminal trial. The petitioner, James E. Pitsenbarger, contends that the action of the Honorable Jack R. Nuzum, Judge of the Circuit Court of Randolph County, in continuing petitioner’s case over petitioner’s objection, violates his right to a speedy trial and the guarantee provided by W.Va.Code, 62-3-1 [1981].

W.Va.Code, 62-3-21 [1959] is the legislative definition of the constitutional right to a speedy trial, and…