State v. Knight

In State v. Knight, 168 W. Va. 615, 285 S.E.2d 401 (1981), the defendant was charged with indecent exposure. Prior to trial, defense counsel filed a motion to disqualify the prosecuting attorney because the defendant had been convicted of stealing materials from the prosecutor's houseboat and had failed to make court-ordered restitution to the prosecutor. Also, the only State witness was the prosecutor's personal secretary. In holding that it was reversible error for the prosecuting attorney not to recuse himself, the Court observed that the prosecutor's former association with the appellant and his relationship with the only state witness in the case combined to make the case appear to serve as a vendetta of sorts.