SER State of West Virginia v. Hon. Ronald E. Wilson, Judge

Justice Ketchum;

- In this original proceeding in prohibition, the State of West Virginia, through the Brooke County Prosecuting Attorney, challenges the Circuit Court of Brooke County’s sua sponte dismissal, with prejudice, of an indictment. The indictment charged the respondent, Floyd Ference (“defendant”), under W.Va. Code, 61-6-24(b) [2009], with the felony offense of threatening to commit a terrorist act.

This Court concludes that the circuit court exceeded its jurisdiction in dismissing the indictment and that relief in prohibition is warranted. We, therefore, prohibit enforcement of the…