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Tuesday, October 24, 2017

Questions About Assistant Prosecutor

Anonymous has left a new comment on your post "Indecent Exposure Trial": 

Do you mean Joshua P. Hardy the Hillsboro Attorney has been appointed as a "Special Prosecutor"? 

As in the County Prosecutors recused themselves, or there was a defense motion to have a Judge assigned to this case and issue an Order to have a Special Prosecutor appointed, and then issue forth to the WV Special Prosecutors Association which then selected and appointed Hardy? 

As I do not see Mr. Hardy listed as a employee in this Judicial District as a new "Assistant Prosecutor" in either Greenbrier or Pocahontas County. Has he been recently hired? Is he replacing a prior employee Assistant Prosecutor? 

Or is he something very different and vital to have him distinguished as such a "Special Prosecutor ie Investigator" brought in on this case. Also you fail to report the who, what, when, where, why's such as giving dates of past proceedings and what they were officially designated, and not giving the date and time of upcoming proceedings and stating if it is this matters final trial or yet another pre-trial hearing, such as evidenciary. 

As it seems the State has failed to even be able to produce finalized charges on this matter. If they do not have confirmed charges w/ evidence of them the State can not proceed to a trial on this.

 Once that has all be worked out then defense upon those finalized charges goes into discovery phase from State and third parties, and does research on any State listed witnesses they will call as a matter of developing defense, what evidence to have entered, by whom, and how they will conduct their final defense of the matter in court. 

But prior any in and all of Each charge can through motion to dismiss be brought before the Court to have that heard first. Then if court rules against those motions to dismiss, the party can then file an immediate appeal with the Circuit Court to review that decision. If the Circuit Court rules in a manner the Defense does not agree they can file an appeal with the WV Supreme Court. 

If it is a clear violation of rights, WV or Federal code or Act they can file a writ of prohibition upon that Judge who denied Order to dismiss and the State as well. Who is the Judge assigned to this matter? All of these things are important if your goal is to inform or educate anyone on this matter.

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A local archivist who specializes in all things Pocahontas County