Holland v. Miller (Signed Opinion)
Annotate this CasePetitioner appealed an order of the circuit court denying his petition for a writ of prohibition. Petitioner had sought extraordinary relief in the court below in an effort to stop the Commissioner of the West Virginia Department of Motor Vehicles (DMV) from pursuing license revocation proceedings against him. Petitioner contended that he was deprived of constitutional and statutory protections because DMV had no shown good cause for the repeated delays in hearing the license revocation matter. The lower court denied relief in prohibition, concluding that the Supreme Court's decision in Miller v. Hare posed identical issues and rendered Petitioner's request moot. The Supreme Court reversed, holding (1) the lower court misinterpreted the Court's holding in Hare by failing to observe its limited application to facts not present in this case; and (2) the circuit court was required to address problems in the record. Remanded to determine whether good cause was established under existing due process standards for granting the continuances in Petitioner's DMV proceeding, and for entry of a final order capable of review.
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