State ex rel. Blaney v. Reed

Summary

The West Virginia Supreme Court of Appeals denied Jerome M. Blaney's petition for a writ of mandamus or prohibition seeking dismissal of a 19-count indictment. The court held that West Virginia Rule of Criminal Procedure 8(a)(2) did not bar the later indictment because jeopardy had not attached to the offenses in the original indictment. The court therefore denied the writ and dismissed the rule to show cause.

Holdings

1. When the prosecuting attorney is or should be aware of two or more offenses committed within the same county and based on the same act or transaction, connected acts or transactions, or a common scheme or plan, the offenses must be prosecuted in a single prosecution. Failure to join them bars subsequent prosecution of an omitted offense only if jeopardy attached to an offense in the initial prosecution.
2. Rule 8(a)(2) did not bar prosecution under the August 25, 2003, indictment because no trial occurred under the original indictment and no jury was impaneled and sworn; therefore, jeopardy never attached.

Questions Presented

1. Whether West Virginia Rule of Criminal Procedure 8(a)(2) barred prosecution under the second indictment because related offenses had not been joined in the initial indictment.
2. Whether the petitioner had a clear legal right to mandamus relief compelling dismissal of the second indictment.

Disposition

writ_denied