Legal Opinion

Everett Frazier v. Nathan Talbert

West Virginia Supreme Court

Decided June 15, 2021No. 20-0134Separate

1Opinion of the Court

FILED June 15, 2021 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK No. 20-0134 – Frazier v. Talbert SUPREME COURT OF APPEALS OF WEST VIRGINIA WOOTON, J., dissenting: The new point of law stated in the majority opinion is a dangerous exercise in futility. Despite recognizing that the administrative license revocation procedure has now been abrogated by statute effective July 1, 2021, the majority nonetheless issues a startling new point of law mere weeks before that deadline—a point of law that not only improperly creates judicial restraints on a legislatively prescribed due process right,…

2Cases cited16 opinions

  1. California v. TrombettaSupreme Court of the United States · 1984
  2. Arizona v. YoungbloodSupreme Court of the United States · 1989
  3. People v. AnsteyMichigan Supreme Court · 2006
  4. In re NewbernCalifornia Court of Appeal · 1959
  5. McNutt v. Superior Court of State of Ariz.Arizona Supreme Court · 1982

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