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Jackie Lee Spencer (left) and John Carr III | Courtesy photo
CHARLESTON – The state Supreme Court has refused a request for a writ of mandamus by the Diocese in the case in which two 78-year-old men who say they were switched at birth by staff at a Catholic hospital.
The court issued its order June 14 after the Diocese of Wheeling-Charleston had petitioned the court. The vote was 3-2. Chief Justice Evan Jenkins and Justice Tim Armstead voted in the minority, saying they would issue a rule to show cause.
Following the Supreme Court order, Monongalia Circuit Judge Phillip Gaujot issued a scheduling order July 20 that lists deadlines for attorneys, including a pretrial conference scheduled for April 12, 2022.