State Ex Rel. Games-Neely v. Sanders

ALBRIGHT, Justice.

The State of West Virginia (hereinafter “State”) presents a writ of prohibition seeking to prevent the Honorable David H. Sanders of the Circuit Court of Berkeley County from sua sponte reversing that court’s prior order denying the motion of Mr. David T. Gregory (hereinafter “defendant”) to sever misdemeanor charges which had previously been joined with a felony charge and to remand those charges to magistrate court Upon thorough review of this matter, this Court finds that the lower court did not abuse its discretion in severing the misdemeanor charges and remanding them…