Legal Opinion

State Ex Rel. Wilmoth v. Gustke

West Virginia Supreme Court

Decided October 21, 1988No. 18357PublishedCited by 18 opinions

1Opinion of the Court

McHUGH, Chief Justice:

This case is before this Court upon a petition for a writ of prohibition against the respondents, the Honorable Arthur N. Gustke, Judge of the Circuit Court of Wood County and Harry G. Deitzler, the Wood County Prosecuting Attorney, to prohibit the scheduled trial of the petitioner, Fred Wilmoth, who is accused of violating W. Va. Code, 61-5-17 [1931], the statutory proscription against obstructing a law enforcement officer in the lawful exercise of his or her duty. This Court has before it the petition for appeal and the briefs of counsel.1

*772I

On November 29, 1986, a…

2Cases cited19 opinions

  1. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  2. City of Houston v. HillSupreme Court of the United States · 1987
  3. United States Civil Service Commission v. National Ass'n of Letter CarriersSupreme Court of the United States · 1973
  4. Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
  5. Smith v. Daily Mail Publishing Co.Supreme Court of the United States · 1979

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3Cited by18 opinions

  1. Tiffanie Hupp v. State Trooper Seth CookCourt of Appeals for the Fourth Circuit · 2019
  2. State Ex Rel. Brandon L. v. MoatsWest Virginia Supreme Court · 2001
  3. City of Grand Forks v. CameronNorth Dakota Supreme Court · 1989
  4. State v. PhillipsWest Virginia Supreme Court · 1999
  5. State v. CarneyWest Virginia Supreme Court · 2008

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

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