outmoded rule (West Virginia) · Go Syfert
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outmoded rule in West Virginia

16 West Virginia opinions name it 1 courts 2001–2025 3 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Dailey v. Bechtel Corporationgreen
wva · 1974 · cited in 5 West Virginia opinions naming this issue, 2001–2013
2 sentences

2013In syllabus point 2 of Dailey v. Bechtel Corp., 157 W.Va. 1023 , 207 S.E.2d 169 (1974), we held that “[a]n appellate court should not overrule a previous decision ... without evidence of changing conditions or serious judicial error in interpretation sufficient to compel deviation from the basic policy of the doctrine of stare decisis, which is to promote certainty, stability, and uniformity in the law.” Of course, “when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is

2013In syllabus point 2 of Dailey v. Bechtel Corp., 157 W.Va. 1023 , 207 S.E.2d 169 (1974), we held that “[a]n appellate court should not overrule a previous decision ... without evidence of changing conditions or serious judicial error in interpretation sufficient to compel deviation from the basic policy of the doctrine of stare decisis, which is to promote certainty, stability, and uniformity in the law.” Of course, “when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is

35
State v. Wilcoxgreen
wva · 1982 · cited in 1 West Virginia opinions naming this issue, 2013–2013
1 sentence

2013Va. 142, 144 , 286 S.E.2d 257, 259 (1982) (“[I]t is reversible error to deny a valid challenge for cause even if the disqualified juror is later struck by a [peremptory] challenge.”). 15 stability, and uniformity in the law.” Of course, “when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is warranted.” Woodrum v. Johnson, 210 W.

11
State v. Mullensgreen
wva · 2007 · cited in 1 West Virginia opinions naming this issue, 2013–2013
2 sentences

2013In this proceeding, “[o]ur decision to depart from stare decisis is based upon a ‘serious judicial error’ in the [Manchin ] opinion.” State v. Mullens, 221 W.Va. 70, 91 , 650 S.E.2d 169, 190 (2007) (footnote omitted).

2013In this proceeding, “[o]ur decision to depart from stare decisis is based upon a ‘serious judicial error’ in the [Manchin ] opinion.” State v. Mullens, 221 W.Va. 70, 91 , 650 S.E.2d 169, 190 (2007) (footnote omitted).

11
Adkins v. St. Francis Hospital of Charleston, W. Va.green
wva · 1965 · cited in 1 West Virginia opinions naming this issue, 2001–2001
2 sentences

2001Francis Hosp. of Charleston, 149 W.Va. 705, 718 , 143 S.E.2d 154, 162 (1965)). .

2001Francis Hosp. of Charleston, 149 W.Va. 705, 718 , 143 S.E.2d 154, 162 (1965)). .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Woodrum v. Johnson green
wva · 2001
2 sentences

2025While I 8 This Court has recognized that “when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is warranted.” Woodrum v. Johnson, 210 W.

2013Thus, “when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is warranted.” Woodrum v. Johnson, 210 W.Va. 762 , 766 n. 8, 559 S.E.2d 908 , 912 n. 8 (2001) (internal quotations and citations omitted).

122011–2025
Wellington Power Corp. v. CNA Surety Corp. green
wva · 2005
1 sentence

2022Corp., 217 W.

12022–2022
In Re Smith green
wva · 1974
2 sentences

2003In the rare case when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is warranted." (quoting Dailey v. Bechtel Corp., 157 W.Va. 1023, 1029 , 207 S.E.2d 169, 173 (1974) (additional citations omitted))). [1] The facts concerning Bernard Smith were drawn from "Logan Five" Defendant Dead At 64, The Charleston Gazette, April 17, 1995, at 1A; In re Smith, 158 W.Va. 13 , 206 S.E.2d 920 (1974); and In re Smith, 214 W.Va. 83 , 585 S.E.2d 602 (1980).

2003In the rare case when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is warranted." (quoting Dailey v. Bechtel Corp., 157 W.Va. 1023, 1029 , 207 S.E.2d 169, 173 (1974) (additional citations omitted))). [1] The facts concerning Bernard Smith were drawn from "Logan Five" Defendant Dead At 64, The Charleston Gazette, April 17, 1995, at 1A; In re Smith, 158 W.Va. 13 , 206 S.E.2d 920 (1974); and In re Smith, 214 W.Va. 83 , 585 S.E.2d 602 (1980).

12003–2003
In Re Smith green
wva · 1980
2 sentences

2003In the rare case when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is warranted." (quoting Dailey v. Bechtel Corp., 157 W.Va. 1023, 1029 , 207 S.E.2d 169, 173 (1974) (additional citations omitted))). [1] The facts concerning Bernard Smith were drawn from "Logan Five" Defendant Dead At 64, The Charleston Gazette, April 17, 1995, at 1A; In re Smith, 158 W.Va. 13 , 206 S.E.2d 920 (1974); and In re Smith, 214 W.Va. 83 , 585 S.E.2d 602 (1980).

2003In the rare case when it clearly is apparent that an error has been made or that the application of an outmoded rule, due to changing conditions, results in injustice, deviation from that policy is warranted." (quoting Dailey v. Bechtel Corp., 157 W.Va. 1023, 1029 , 207 S.E.2d 169, 173 (1974) (additional citations omitted))). [1] The facts concerning Bernard Smith were drawn from "Logan Five" Defendant Dead At 64, The Charleston Gazette, April 17, 1995, at 1A; In re Smith, 158 W.Va. 13 , 206 S.E.2d 920 (1974); and In re Smith, 214 W.Va. 83 , 585 S.E.2d 602 (1980).

12003–2003

Where else courts name it

WV 16 (2001–2025) MI 10 (1961–1999) MD 5 (1983–2017) NY 4 (1964–2014) IL 4 (1988–1999) VA 3 (1988–1991) AZ 3 (1964–1978) KS 2 (1981–1993) MO 2 (1983–2012) OR 2 (1963–1988) TX 2 (1979–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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