SER Scott Ash, Prosecuting Attorney v. Hon. Derek C. Swope, Judge

KETCHUM, Justice:

Petitioner Scott Ash, the prosecuting attorney for Mercer County, West Virginia, invokes this Court’s original jurisdiction in prohibition to challenge the April 26, 2013, order of the Circuit Court of Mercer County quashing a subpoena and barring the use of video evidence in a criminal prosecution. The circuit court’s order prevented Respondent Chubby Hoston’s guardian ad litem, appointed in a family court proceeding, from testifying in a subsequent criminal action brought against Mr. Hoston. The order also prevented the admission of a video recording of the guardian ad…