State ex Rel. Philyaw v. Williams

3 Citing cases

  1. Dallas Cty. v. Halsey

    87 S.W.3d 552 (Tex. 2002)   Cited 74 times
    Holding that court reporter preparing a record for a party "does not participate in the judicial decisionmaking process or exercise discretion" and is therefore not the functional equivalent of a judge and not entitled to immunity

    The Court framed its decision broadly and held that court reporters do not exercise the kind of judgment that is protected by the doctrine of judicial immunity. Id. at 437; see also State ex rel. Philyaw v. Williams, 438 S.E.2d 64, 67 (W.Va. 1993) (recognizing Antoine and cautioning that court reporters do not enjoy judicial immunity under West Virginia law). The United States Supreme Court's explication of the functional approach to derived judicial immunity in Antoine comports with our decision in Clements and the analysis that has been applied by our courts of appeals in varying contexts.

  2. State ex rel. Massey v. Hun

    478 S.E.2d 579 (W. Va. 1996)   Cited 7 times
    Applying the 1985 Rule 35(b) sui generis

    As we stated in Syllabus point 6 of Delardas v. Morgantown Water Commission, 148 W. Va. 776, 137 S.E.2d 426 (1964): "A writ of mandamus will not be issued in any case when it is unnecessary or when, if sued, it would prove unavailing, fruitless or nugatory." In accord Syl. pt. 2, State ex rel. Philyaw v. Williams, 190 W. Va. 272, 438 S.E.2d 64 (1993) (per curiam); Cox v. Board of Educ. of Hampshire County, 177 W. Va. 576, 355 S.E.2d 365 (1987) (per curiam); State ex rel. Prince v. West Virginia Dept. of Highways, 156 W. Va. 178, 195 S.E.2d 160 (1972); State ex rel. Capitol BusinessEquip., Inc. v. Gates, 155 W. Va. 64, 180 S.E.2d 865 (1971); State ex rel. Nelson v. Ritchie, 154 W. Va. 644, 177 S.E.2d 791 (1970); State ex rel. Archer v. County Court of Wirt County, 150 W. Va. 260, 144 S.E.2d 791 (1965). In this case, the respondent state prison officials have been informed that the Federal Bureau of Prisons will not accept Mr. Massey into federal custody until he has completed his state sentences.

  3. People v. McGlotten

    134 P.3d 487 (Colo. App. 2006)   Cited 8 times

    And we note that, by assisting in the preparation of the transcripts, Barnes could limit the liability that she might otherwise face in a potential civil suit. See Antoine v. Byers Anderson, Inc., 508 U.S. 429, 113 S.Ct. 2167, 124 L.Ed.2d 391 (1993) (court reporter does not have absolute immunity from liability for delay in preparing transcript of a criminal trial); State ex rel. Philyaw v. Williams, 190 W.Va. 272, 438 S.E.2d 64, 67 (1993) (court reporters are potentially liable to those who are harmed by the failure to prepare transcripts promptly). III.