flows principle (West Virginia) · Go Syfert
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flows principle in West Virginia

7 West Virginia opinions name it 1 courts 1991–2010 0 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 (3)

CaseFollowedCited
Jordan v. Robertsgreen
wva · 1978 · cited in 7 West Virginia opinions naming this issue, 1991–2010
2 sentences

2010Ellis v. Kelly, 145 W.Va. 70 , 112 S.E.2d 641 (1960), this Court held that: “Due process of law, within the meaning of the State and Federal constitutional provisions, extends to actions of administrative officers and tribunals, as well as to the judicial branches of the governments.” Equally important is this Court’s holding in Syllabus Point 2 of Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978), which provides that “[ujnder procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right

2010Ellis v. Kelly, 145 W.Va. 70 , 112 S.E.2d 641 (1960), this Court held that: “Due process of law, within the meaning of the State and Federal constitutional provisions, extends to actions of administrative officers and tribunals, as well as to the judicial branches of the governments.” Equally important is this Court’s holding in Syllabus Point 2 of Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978), which provides that “[ujnder procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right

47
Clay v. City of Huntingtongreen
wva · 1991 · cited in 2 West Virginia opinions naming this issue, 2002–2002
2 sentences

2002See, Clay v. City of Huntington, 184 W.Va. 708 , 403 S.E.2d 725 (1991), and Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978).

2002See, Clay v. City of Huntington, 184 W.Va. 708 , 403 S.E.2d 725 (1991), and Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978).

22
Sisler v. Hawkinsgreen
wva · 1975 · cited in 1 West Virginia opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., Syl. pt. 2, Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978) ("Under procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right to litigate an issue central to a statutory violation or deprivation of a property interest"); Syl. pt. 1, Sisler v. Hawkins, 158 W.Va. 1034 , 217 S.E.2d 60 (1975) ("`The due process of law guaranteed by the State and Federal Constitutions, when applied to procedure in the courts of the land, requires both notice and the right to be heard.' Point

2008See, e.g., Syl. pt. 2, Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978) ("Under procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right to litigate an issue central to a statutory violation or deprivation of a property interest"); Syl. pt. 1, Sisler v. Hawkins, 158 W.Va. 1034 , 217 S.E.2d 60 (1975) ("`The due process of law guaranteed by the State and Federal Constitutions, when applied to procedure in the courts of the land, requires both notice and the right to be heard.' Point

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 (2)

CaseCitedYears
State Ex Rel. Ellis v. Kelly green
wva · 1960
2 sentences

2010Ellis v. Kelly, 145 W.Va. 70 , 112 S.E.2d 641 (1960), this Court held that: “Due process of law, within the meaning of the State and Federal constitutional provisions, extends to actions of administrative officers and tribunals, as well as to the judicial branches of the governments.” Equally important is this Court’s holding in Syllabus Point 2 of Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978), which provides that “[ujnder procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right

2010Ellis v. Kelly, 145 W.Va. 70 , 112 S.E.2d 641 (1960), this Court held that: “Due process of law, within the meaning of the State and Federal constitutional provisions, extends to actions of administrative officers and tribunals, as well as to the judicial branches of the governments.” Equally important is this Court’s holding in Syllabus Point 2 of Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978), which provides that “[ujnder procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right

12010–2010
Simpson v. Stanton green
wva · 1937
2 sentences

2008See, e.g., Syl. pt. 2, Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978) ("Under procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right to litigate an issue central to a statutory violation or deprivation of a property interest"); Syl. pt. 1, Sisler v. Hawkins, 158 W.Va. 1034 , 217 S.E.2d 60 (1975) ("`The due process of law guaranteed by the State and Federal Constitutions, when applied to procedure in the courts of the land, requires both notice and the right to be heard.' Point

2008See, e.g., Syl. pt. 2, Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978) ("Under procedural due process concepts a hearing must be appropriate to the nature of the case and from this flows the principle that the State cannot preclude the right to litigate an issue central to a statutory violation or deprivation of a property interest"); Syl. pt. 1, Sisler v. Hawkins, 158 W.Va. 1034 , 217 S.E.2d 60 (1975) ("`The due process of law guaranteed by the State and Federal Constitutions, when applied to procedure in the courts of the land, requires both notice and the right to be heard.' Point

12008–2008

Where else courts name it

LA 7 (1989–2021) WV 7 (1991–2010) OH 7 (1988–2021) CA 2 (2019–2019)

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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