State ex rel. Miller v. Smith
West Virginia Supreme Court
285 S.E. 500 (1981)
- Written by Sharon Feldman, JD
Facts
Clarence Miller (plaintiff) prosecuted criminal warrants against two police officers, claiming the officers maliciously wounded him. A magistrate dismissed the warrants. Miller submitted his evidence to Hunter Smith, Jr. (defendant), the county prosecuting attorney. Smith’s investigation revealed that the officers stopped Miller for driving under the influence and used chemical mace when Miller resisted arrest and crawled under his car. Smith declined to present the matter before the grand jury. Miller appeared at the courthouse to seek the grand-jury foreman’s permission to appear and submit evidence. Smith advised Miller he would inform the grand jury that Miller wanted to appear but would discourage the grand jury from hearing Miller’s evidence. The grand jury voted against hearing Miller. Miller sought a writ of prohibition to restrain Smith from trying to dissuade the grand jury from hearing Miller’s evidence.
Rule of Law
Issue
Holding and Reasoning (McGraw, J.)
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