State Ex Rel. Pinson v. Maynard

WORKMAN, Justice:

In this original proceeding, the relator, the State of West Virginia, seeks a writ of mandamus to compel the respondent, Elliott E. Maynard, Judge of the Circuit Court of Mingo County, to vacate that portion of his order requiring dismissal of a six-count embezzlement indictment with prejudice. This Court issued a rule to show cause why this relief should not be granted on November 30, 1988. 1 The circuit court found: (1) that testimony before the grand jury by a State witness was intentionally false and misleading, amounting to a denial of due process under the Fifth and…