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175 W. Va. 434

333 S.E.2d 799

Hechler v. Casey

West Virginia Supreme Court

Decided August 8, 1985

West Virginia Supreme Court · decided 1985-08-08

Relies on Teller v. McCoy · Teller v. McCoy

Good law ✅— No negative treatment on recordhow we know

Decided 1985-08-08

How this case has been cited

Cited by 104 later decisions — most recently October 2018 · most notably 179 W. Va. 48 - Sally-Mike Properties v. Yokum (1986), Trombley v. Bellows Falls Union High School District No. 27 (1993)

104 state decisions

4001985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BROTHERTON, Justice,

¶1dissenting:

¶2I concur with the majority’s opinion except the part which upholds the May 21, 1985, action of the Court releasing the list of names and addresses of the security guards to the general public. I must dissent to that action, not that had the question been before the Court on proper motion that it might have been the proper action.

¶3None of the parties before this Court requested the release of the names and addresses of the security guards to the general public. In fact, all parties agreed that the names should be kept sealed and even executed a consent order to that effect. No one filed a Freedom of Information Act request for this information.

¶4Despite the fact that no one requested the names, this Court precipitously released the list of names on its own motion. A universal maxim of law in this country is that the judiciary acts only on cases and controversies. See, e.g., Teller v. McCoy, 162 W.Va. 367, 396-97, 253 S.E.2d 114, 131 (1978) (Neely, J. concurring in part and dissenting in part.); W.Va. Const, art. 8 § 3. A court should not fashion relief on its own motion on matters not before the court. I, therefore, must dissent to this action.

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