State ex rel. McClanahan v. Hamilton

In State ex rel. McClanahan v. Hamilton, 189 W. Va. 290, 430 S.E.2d 569 (1993), after determining that a prosecutor who had previously represented the defendant in a divorce action was subsequently disqualified from prosecuting the former client for the malicious assault of her husband because of the possibility that confidential information could be used in the prosecution, the Court chose the less drastic remedy of prohibiting trial pending the appointment of a special prosecutor. Id. at 296, 430 S.E.2d at 575.