SER Scott R. Smith, Prosecuting Attorney v. Hon. David J. Sims, Judge

Petitioner Scott R. Smith, Prosecuting Attorney for Ohio County, West Virginia, brings this matter under the original jurisdiction of this Court. Petitioner seeks a writ of prohibition against Respondent The Honorable David J. Sims, Judge of the Circuit Court of Ohio County, to prevent the trial court from enforcing its order vacating Respondent Dallas Michael Acoff's (the "Defendant") convictions for the second-degree murder of Lemroy Coleman and the malicious wounding of Norman Banks, and granting a new trial based on newly-discovered evidence. Petitioner argues that the trial court erred…