STATE EX REL. GODFREY v. Rowe

654 S.E.2d 104 (2007)

STATE of West Virginia ex rel. Terron GODFREY, Petitioner

v.

Honorable James J. ROWE, Judge of the Circuit Court of Greenbrier County, Respondent.

No. 33444.

Supreme Court of Appeals of West Virginia.

Submitted September 11, 2007.

Decided October 16, 2007.

Paul S. Detch, Esq., Lewisburg, for Petitioner.

Robert K. Hanson, Prosecuting Attorney, Stephen R. Dolly, Assistant Prosecuting Attorney, Lewisburg, for Respondent.

The petitioner, in this prohibition action, seeks relief from this Court to prohibit the trial court from retrying the petitioner on a charge of sexual assault-third…