Kerns v. Wolverton

BROTHERTON, Chief Justice:

The petitioner, Gary Paul Kerns, seeks a writ of prohibition against the respondents, Robert P. Martin, Special Prosecutor, and Dan Hardway, Private Prosecutor, prohibiting them from continuing the prosecution of the petitioner under indictments returned by a Nicholas County grand jury on August 16, 1988, and a writ of mandamus compelling respondent Judge James H. Wolverton to dismiss the indictments due to grand jury irregularities and the violation of petitioner’s federal and state constitutional rights to a fair and impartial grand jury and his right to a speedy…