STATE EX REL. VAN NGUYEN v. BERGER

Nos. 23614, 23655.

483 S.E.2d 71 (1996)

199 W.Va. 71

STATE of West Virginia ex rel. Truong VAN NGUYEN, Petitioner, v. Honorable Irene C. BERGER, Judge of the Circuit Court of Kanawha County, and William C. Forbes, Prosecuting Attorney for Kanawha County, Respondents. STATE of West Virginia, Appellant v. Steve A. RIFE, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1996.

Rehearing Refused February 11, 1997.


Attorney(s) appearing for the Case

Richard L. Gottlieb, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, for Petitioner.

Susan B. Tucker, Assistant Prosecuting Attorney, Charleston, for Respondents.

Alvin E. Gurganus, II, Shott, Gurganus & Williamson, Bluefield, for Petitioner.


RECHT, Judge:1

We are presented here with two cases consolidated for purposes of appeal, each requiring us to consider whether a corporate officer is criminally responsible, along with the corporation, for the failure to pay workers' compensation premiums and to file workers' compensation reports within the meaning of W. Va.Code 23-1-16(a) (1995). The defendant Truong Van Nguyen petitions this Court for a writ of prohibition to prevent...

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