STATE v. McCLAIN

No. 21-0873.

880 S.E.2d 889 (2022)

STATE of West Virginia, Plaintiff Below, Respondent, v. Micah A. MCCLAIN, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: November 17, 2022.


Attorney(s) appearing for the Case

J. Michael Benninger, Esq. , Benninger Law, PLLC, Morgantown, West Virginia, Bader C. Giggenbach, Esq. , Giggenbach Legal, PLLC, Morgantown, West Virginia, Attorneys for the Petitioners.

Patrick Morrisey, Esq. , Attorney General, Karen C. Villanueva-Matkovich, Esq. , Deputy Attorney General, Charleston, West Virginia, Attorneys for the Respondent.

Perri DeChristopher, Esq. , Prosecuting Attorney, Robert J. Zak Jr., Esq. , Assistant Prosecuting Attorney, Monongalia County Prosecuting Attorney's Office, Attorneys for Amicus Curiae, Monongalia County Prosecuting Attorney.


The Circuit Court of Monongalia County certified four questions to this Court seeking clarification as to the application of West Virginia Code § 17C-4-1 (eff. 2018), pertaining to vehicle crashes involving death or personal injuries and the duties and obligations of an individual involved in the crash (commonly referred to as...

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