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STATE EX REL. MILLER v. KARL

Nos. 12-1213, 12-1224, 12-1223.

743 S.E.2d 876 (2013)

STATE of West Virginia, ex rel. Joe E. MILLER, Commissioner, West Virginia Division of Motor Vehicles, Petitioner v. Mark A. KARL, Judge of the Circuit Court of Marshall County, Respondent and James Leonard Parker, Party in Interest. State of West Virginia, ex rel. Joe E. Miller, Commissioner, West Virginia Division of Motor Vehicles, Petitioner, v. William S. Thompson, Judge of the Circuit Court of Boone County, Respondent and Patrick White, Party in Interest. State of West Virginia, ex rel. Joe E. Miller, Commissioner, West Virginia Division of Motor Vehicles, Petitioner v. Charles King, Judge of the Circuit Court of Kanawha County, Respondent and Nichole Erwin, Party in Interest.

Supreme Court of Appeals of West Virginia.

Decided May 17, 2013.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Elaine L. Skorich, Esq. , Assistant Attorney General, Charleston, WV, for Petitioner.

Herman D. Lantz, Esq. , Lantz Law Offices, Moundsville, WV, for Respondent James Leonard Parker.

Matthew M. Hatfield, Esq. , Madison, WV, for Respondent Patrick White.

Paul S. Detch, Esq. , Lewisburg, WV, for Respondent Nichole Erwin.

BENJAMIN, Chief Justice:

These consolidated original proceedings are before the Court upon the petitions of the Commissioner of the West Virginia Division of Motor Vehicles who seeks to prohibit the Circuit Courts of Marshall County, Boone County, and Kanawha County from entering orders staying the license revocations of Respondents James Leonard Parker, Patrick White and Nichole Erwin. The Commissioner alleges that the circuit courts exceeded their jurisdiction and...

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