Frazier, DMV Commissioner v. Derechin

No. 20-0192, Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Joshua Derechin FILED November 18, 2021 released at 3:00 p.m. Armstead, Justice, concurring in part and dissenting in part: EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA The majority opinion decides two things: first, that the circuit court had sufficient evidence to conclude that Mr. Derechin was actually and substantially prejudiced when the Office of Administrative Hearings (“OAH”) took nearly four years to render a decision on his license revocation and, second, that the circuit…