Legal Opinion

In Re: Remains of Chester Howard West

West Virginia Supreme Court

Decided June 7, 2017No. 16-0410Separate

1Opinion of the Court

FILED No. 16-0410 – In re: Remains of Chester Howard West June 7, 2017 released at 3:00 p.m. RORY L. PERRY II, CLERK WORKMAN, Justice, dissenting: SUPREME COURT OF APPEALS OF WEST VIRGINIA In this case, we confront the question of whether a person with honorable intentions but absolutely no personal connection to or familial relationship with a deceased person has a unilateral right to remove the deceased’s remains, contrary to both the wishes of his widow and his remaining kin. The majority permits this result in the face of such familial objection ostensibly because it agrees that a…

2Cases cited18 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Raines v. ByrdSupreme Court of the United States · 1997
  5. Yome v. GormanNew York Court of Appeals · 1926

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