Lewis v. Municipality of Masontown, W. Va.
The Supreme Court reversed the circuit court’s denial of Petitioner’s petition for writ of prohibition seeking to prohibit the municipal court's prosecution of him, holding that the prosecution of Petitioner pursuant to this complaint was in violation of W. Va. art. VIII, 11 and W Va. Code 8-11-1(a). Petitioner was charged with a criminal complaint issued from the Masontown Municipal Court with ten violations of the West Virginia Code. In his petition, Petitioner argued that he was not prosecuted within the statute of limitations. The circuit court denied the petition. Petitioner appealed, arguing that the prosecution was outside the statute of limitations and raising two issues of subject-matter jurisdiction. The Supreme Court remanded with instructions that the circuit court grant the writ of prohibition, holding (1) the record was devoid of any evidence that Masontown adopted, as municipal ordinances, any provisions of the West Virginia Code upon which the complaint against Petitioner was based; and (2) therefore, the Municipal Court of Masontown was proceeding in excess of its jurisdiction. View "Lewis v. Municipality of Masontown, W. Va." on Justia Law