State ex rel. Parsons v. Zakaib

532 S.E.2d 654, 207 W. Va. 385, 2000 W. Va. LEXIS 33
CourtWest Virginia Supreme Court
DecidedJune 9, 2000
DocketNo. 27469
StatusPublished
Cited by18 cases

This text of 532 S.E.2d 654 (State ex rel. Parsons v. Zakaib) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Parsons v. Zakaib, 532 S.E.2d 654, 207 W. Va. 385, 2000 W. Va. LEXIS 33 (W. Va. 2000).

Opinion

MeGRAW, Justice:

This original proceeding in prohibition raises the issue of whether the Circuit Court of Kanawha County exceeded its legitimate powers by failing to apply the recently-promulgated Rules Governing Posb-Conviction Habeas Corpus Proceedings in West Virginia (hereafter the “Habeas Corpus Rules”) to a discovery dispute arising in a case pending at the time such rules were adopted. Because application of the new Habeas Corpus Rules in such a context was obviously both feasible and worked no injustice on the parties, we conclude that the lower court overstepped its authority in declining to apply the new rules to an existing discovery dispute.

[387]*387I.

BACKGROUND

This case arises out of a habeas corpus proceeding currently pending in the Circuit Court of Kanawha County. The petitioner in that case, Gerald Mollohan, is challenging his 1995 convictions on two counts of first-degree sexual assault. Pursuant to an agreed scheduling order, Mollohan served discovery requests on the State on July 23, 1999, seeking answers to interrogatories and the production of certain documents. On that same date, Mollohan also noticed the depositions of, and served subpoenas on, two assistant prosecuting attorneys — K. Michele Drum-mond and Donald Morris, both of whom participated in Mollohan’s underlying criminal prosecution. The State, as respondent before the circuit court, subsequently filed omnibus objections to this discovery together with a motion to quash the subpoenas, arguing among other things that “Rule 71B of the West Virginia Rules of Civil Procedure does not authorize the use of discovery in extraordinary writs.” The circuit court rejected this contention in a November 3,1999 order, finding that “the civil procedure rules govern discovery in this post-conviction habeas corpus proceeding.” The State’s motion to quash was accordingly denied, and Mollo-han’s motion to compel discovery granted.1

The State subsequently sought prohibition relief in this Court,2 and on December 15, 1999, we issued an order requiring the circuit court to determine “whether discovery should proceed in the underlying proceeding in light of th[e] Court’s adoption of Rules Governing Post-Conviction Habeas Corpus Proceedings in West Virginia.” The Habeas Corpus Rules took effect immediately upon their issuance on December 13,1999, and, by their own terms, “apply to all post-conviction habeas corpus matters pending in the circuit courts of this State ... [on the date of adoption].”

In response to this order, the circuit court conducted a hearing and subsequently entered an order on February 14, 2000. In that order, the circuit court began by stressing that it did not construe this Court’s December 15 order as requiring it “to hold a hearing and determine whether good cause exists for Mr. Mollohan to obtain the discovery he had requested previously, as required by Rule 7 of the new ... [Habeas Corpus Rules].”3 Rather, according to the lower court, this Court’s ruling “left it ... [with] discretion to determine whether discovery should proceed pursuant to the November 3, 1999 order, in light of the new habeas rules that took effect December 13,1999.” Stating that “consideration such as logic, fairness and judicial economy require it to apply the new rules to post-conviction habeas proceedings ... based on the stage to which that action had progressed as of December 13, 1999,” the circuit court ruled that “the West Virginia Rules of Civil Procedure, and not the Rules Governing Post-Conviction Habeas [388]*388Corpus Proceedings in West Virginia, shall govern the discovery depositions.”

The State now seeks a writ of prohibition to compel the circuit court to apply the new Habeas Corpus Rules to the requested depositions, thus requiring Mollohan to demonstrate “good cause” before obtaining such discovery.

II.

STANDARD FOR PROHIBITION RELIEF

The general standard for issuance of the writ of prohibition is set forth in W. Va.Code § 53-1-1 (1923), which states that prohibition shall lie “in all cases of usurpation and abuse of power, when the inferior court has not jurisdiction of the subject matter in controversy, or, having such jurisdiction exceeds its legitimate powers.” See syl. pt. 2, Cowie v. Roberts, 173 W.Va. 64, 312 S.E.2d 35 (1984); syl. pt. 1, Crawford v. Taylor, 138 W.Va. 207, 75 S.E.2d 370 (1953). The statute creates two distinct circumstances warranting prohibition relief: (1) where a tribunal acts upon a matter over which it has no jurisdiction; and (2) where a tribunal, although retaining jurisdiction, nevertheless acts outside of its legitimate powers. The present case falls under the second category, as there is no jurisdictional challenge to the circuit court’s action.

This Court has developed a significant body of law pertaining to the second category of prohibition cases, including the adoption of a five-factor test for determining when such relief is appropriate:

In determining whether to entertain and issue the writ of prohibition for eases not involving an absence of jurisdiction but only where it is claimed that the lower tribunal exceeded its legitimate powers, this Court will examine five factors: (1) whether the party seeking the writ has no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly erroneous as a matter of law; (4) whether the lower tribunal’s order is an oft repeated error or manifests persistent disregard for either procedural or substantive law; and (5) whether the lower tribunal’s order raises new and important problems or issues of law of first impression. These factors are general guidelines that serve as a useful starting point for determining whether a discretionary writ of prohibition should issue. Although all five factors need not be satisfied, it is clear that the third factor, the existence of clear error as a matter of law, should be given substantial weight.

Syl. pt. 4, State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996).

We have imposed tight constraints on the extraordinary writ of prohibition, frequently emphasizing that “this Court will use prohibition ... to correct only substantial, clear-cut, legal errors plainly in contravention of a clear statutory, constitutional, or eommon[-]law mandate_” Syl. pt. 1, in part, Hinkle v. Black, 164 W.Va. 112, 262 S.E.2d 744 (1979). The Court has concomitantly stressed that “[a] writ of prohibition will not issue to prevent a simple abuse of discretion by a trial court_” Syl. pt. 2, in part, State ex rel. Peacher v. Sencindiver, 160 W.Va. 314, 233 S.E.2d 425 (1977); see also syl. pt. 3, State ex rel. McDowell County Sheriff’s Dep’t v. Stephens, 192 W.Va. 341, 452 S.E.2d 432 (1994). This does not mean, however, that prohibition may never be employed where a lower court is imbued with some measure of discretion over a particular matter. For example, while trial courts retain considerable discretion in managing discovery, see syl. pt. 1, McDougal v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jason M. Payne v. Russell Matson
West Virginia Supreme Court, 2021
Dallas Butler v. J.T. Binion, Superintendent
West Virginia Supreme Court, 2019
Tex H. v. Donnie Ames, Superintendent
West Virginia Supreme Court, 2019
Joseph E. Howard v. Ralph Terry, Warden
West Virginia Supreme Court, 2019
Raymond Elswick v. Michael Martin, Acting Warden
West Virginia Supreme Court, 2018
Gregory I. Settle v. Ralph Terry, Acting Warden
West Virginia Supreme Court, 2018
Ronald C. v. Ralph Terry, Acting Warden
West Virginia Supreme Court, 2017
Dennis Burch v. Marvin Plumley, Warden
West Virginia Supreme Court, 2016
Timothy O'Dell v. David Ballard, Warden
West Virginia Supreme Court, 2013
State Ex Rel. Wyant v. Brotherton
589 S.E.2d 812 (West Virginia Supreme Court, 2003)
Mugnano v. Painter
575 S.E.2d 590 (West Virginia Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
532 S.E.2d 654, 207 W. Va. 385, 2000 W. Va. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-parsons-v-zakaib-wva-2000.