Updated: 11/10/05; 3:12:15 PM.

  Rory Perry's Weblog
Law, technology, and the courts


daily link  Wednesday, April 9, 2003


To fall into desuetude

Sometimes legal issues send me to the dictionary. One of the cases on today's argument docket involves the doctrine of desuetude. In the legal context, this doctrine can be applied by courts to prevent the enforcement of obsolete statutes. The statute at issue in State ex rel Canterbury v. Blake, No. 31150, imposes certain reporting duties upon those who buy and sell jewlery and precious stones. See WV Code 61-3-51. The petitioner is a longtime pawn broker who has been indicted for failure to comply with the statute. The petitioner contends that a writ of prohibition should issue, because the statute at issue has never been enforced in the county, and that it is not intended to apply to pawn brokers in any event. The State responds that it has an affirmative duty to proceed, and that the petitioner has failed to avail himself of available remedies at the trial level. Today's proceedings will be webcast.

  9:43:02 AM  [Permanent Link]     

 
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 11/10/05; 2:44:04 PM.

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Last update: 11/10/05; 3:12:15 PM.