at common law by or against his personal representative. 34 . Tennant v. Marion Health Care Found., Inc., 194 W.Va. 97, 104, 459 S.E.2d 374, 381 (1995). 35 . Syllabus Point 3, in part, In re State Public Building Asbestos Litigation, 193 W.Va. 119, 454 S.E.2d 413 (1994) (emphasis added). 36 . Tennant, 194 W.Va, at 111, 459 S.E.2d at 388. 37 . Syllabus Point 8, Tennant, 194 W.Va. at 102, 459 S.E.2d at 379. 38 . Syllabus Point 3, State v. Farmer, 200 W.Va. 507, 490 S.E.2d 326 (1997). 39 . McDonald v. Beneficial Standard Life Ins. Co., 160 W.Va. 396, 398, 235 S.E.2d 367, 368 (1977). 40 . United States v. Hickman, 592 F.2d 931, 933 (6th Cir. 1979) (quoting Frantz v. United States, 62 F.2d 737, 739 (6th Cir. 1933)). See also State v. Thompson, 220 W.Va. 398, 400, 647 S.E.2d 834, 836 (2007) (<HOLDING>), 41 . Garner v. Missouri Dep't of Mental
holding judges in criminal cases must exercise restraint and impartiality in questioning witnesses holding that the test for ineffective assistance of counsel in termination cases is generally the same as in criminal proceedings holding that defendant must have opportunity to respond to governments substantial assistance motion because that response is essential predicate to exercise of courts discretion and distinguishing cases holding denials of 5k11 motions unreviewable because those cases concerned underlying merits of courts discretionary judgments not their very exercise holding that habeas proceedings do not embrace review of the exercise of discretion in criminal alien cases holding that the workproduct doctrine applies in criminal cases because its role in assuring the proper functioning of the criminal justice system is even more vital than its role in civil cases