State ex rel. WV Dept. of Health and Human Resources v. Hon. David M. Pancake, Judge

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Whether writ of prohibition should issue in light of flagrant abuse of power by circuit court in disregarding the hearing requirement of W.Va. Code 49-6-6 when the circuit court refused to conduct a hearing on DHHR's motion to terminate Mother's parental rights because the psychological report requested by the Court had not been properly filed with the circuit clerk by November 7, 2008. The report was delivered to the judge's office on November 7, 2008 well in advance of the November 19, 2008 hearing. All parties received a copy of the report before the November 19, 2008 hearing.