State ex rel. Spaulding v. Watt

In this original proceeding in prohibition the relator, the State of West Virginia, prays that this Court prohibit the respondent, Clarence L. Watt, Judge of the Circuit Court of Putnam County, from providing respondent Mark J. McClelland with a new trial on certain criminal charges. The State claims that respondent McClelland has not made an adequate showing for a new trial and that, given the particular circumstances of the case, the circuit judge exceeded his legitimate powers in granting a new trial. After reviewing the documents filed and the questions presented, this Court agrees and…