Legal Opinion · Dissent

In Re Name Change of JENNA A.J.

West Virginia Supreme Court

Decided May 20, 2013No. 11-1694Published

1DissentWorkman, Justice

I dissent both from the Court’s judgment in this ease and from most of the majority’s reasoning. The decision of the circuit court was well within its discretion and I see no principled basis on which to overturn it; this Court has, in effect, re-weighed the evidence, utilizing certain hard-and-fast rules, tests and presumptions we have previously mandated in our seminal name change eases, In re Harris, 160 W.Va. 422, 236 S.E.2d 426 (1977), and Lufft v. Lufft, 188 W.Va. 339, 424 S.E.2d 266 (1992).1 In my view, with respect to those cases, this Court’s opinion in Hams has long since outlived…

2Cases cited19 opinions

  1. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  2. In re WillisWest Virginia Supreme Court · 1973
  3. Burnside v. BurnsideWest Virginia Supreme Court · 1995
  4. Wheeling Dollar Savings & Trust Co. v. SingerWest Virginia Supreme Court · 1978
  5. State v. McWilliamsWest Virginia Supreme Court · 1986

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API