Topic: an appellate court should not overrule a previous decision … · Go Syfert
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Topic #9266

5 canonical passages across 4 cases, quoted by 40 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Dailey v. Bechtel Corporation.

#Case FlagCanonical passage Citers
1 Dailey v. Bechtel Corporation Anchor
wva · 1974
green “an appellate court should not overrule a previous decision recently rendered 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, …” 24
2 State of West Virginia v. Marcus Patrele McKinley
wva · 2014
green “while memorandum decisions may be cited as legal authority, and are legal precedent, their value as precedent is necessarily more limited; where a conflict exists between a published opinion and a memorandum decision, the published opinion controls.” 6
3 Murphy v. Eastern American Energy Corp.
wva · 2009
green “this court is loathe to overturn a decision so recently rendered, it is preferable to do so where a prior decision was not a correct statement of law.” 4
4 Subcarrier Communications, Inc. v. Nield
wva · 2005
green “it is not the province of the courts to make or supervise legislation, and a statute may not, under the guise of interpretation, be modified, revised, amended, distorted, remodeled, or rewritten.” 4
5 Murphy v. Eastern American Energy Corp.
wva · 2009
green “although this court is loathe to overturn a decision so recently rendered, it is preferable to do so where a prior decision was not a correct statement of law.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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