Miller v. Epling

BENJAMIN, Justice:

This appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as “Commissioner Miller”), the petitioner herein, challenges a January 27, 2011, order of the Circuit Court of Nicholas County that remanded the ease to the Office of Administrafive Hearings for a new full evidentiary hearing, with directions to perform a proper analysis under Muscatell v. Cline, 196 W.Va. 588, 474 S.E.2d 518 (1996) and Choma v. WV Division of Motor Vehicles, 210 W.Va. 256, 557 S.E.2d 310 (2001). Herein, Commissioner Miller argues that this…