three-term rule (West Virginia) · Go Syfert
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three-term rule in West Virginia

39 West Virginia opinions name it 1 courts 1982–2025 8 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (21)

CaseFollowedCited
State v. Carricogreen
wva · 1993 · cited in 11 West Virginia opinions naming this issue, 1995–2021
2 sentences

2021We find that petitioner’s argument that a defendant’s arrest or presentment before a magistrate triggers the three-term rule is contrary to Syllabus Point 4 of Carrico where we held, in pertinent part, that the three-term rule begins to run “subsequent to the ending of the term at which the indictment against [a defendant] is found” and that “[t]he term at which the indictment is returned is not to be counted in favor of the discharge of a defendant.” (emphasis added). 189 W. 5 West Virginia Code § 62-3-21 provides, in pertinent part: Every person charged by presentment or indictment with a fe

2021Va. 40 , 427 S.E.2d 474 (1993), we held that: “[i]t is the three-term rule, W.Va.

311
Good v. Handlangreen
wva · 1986 · cited in 10 West Virginia opinions naming this issue, 1986–2023
2 sentences

2016Pt. 1, Good v. Handlan, 176 W.Va. 145 , 342 S.E.2d 111 (1986).” On appeal, petitioner argues that the circuit court erred in denying her motion to dismiss the indictment based on a violation of the three-term rule and, as a result, in denying her speedy trial rights under the West Virginia Constitution.

2016Pt. 1, Good v. Handlan, 176 W.Va. 145 , 342 S.E.2d 111 (1986).” On appeal, petitioner argues that the circuit court erred in denying her motion to dismiss the indictment based on a violation of the three-term rule and, as a result, in denying her speedy trial rights under the West Virginia Constitution.

210
State v. Fendergreen
wva · 1980 · cited in 3 West Virginia opinions naming this issue, 2007–2020
2 sentences

2016This is in keeping with West Virginia Code § 61-3-21, which creates an exception to the three-term rule due to a defendant’s failure to appear, and the spirit of our prior holdings that grant an exception when a defendant “otherwise prevents a trial from being held.” Id. at 441, 268 S.E.2d at 121 , Syl.

2007See, State v. Fender, 165 W.Va. 440 , 268 S.E.2d 120 (1980), noting as follows concerning an alleged transgression of the three term rule under W.

23
State Ex Rel . Spadafore v. Fox, Judgegreen
wva · 1972 · cited in 5 West Virginia opinions naming this issue, 1990–2025
2 sentences

2020Va. 674, 679 , 186 S.E.2d 833, 836 (1972). 14 determinative that the three-term rule was not violated.

2016Spadafore v. Fox, 155 W.Va. 674 , 186 S.E.2d 833 (1972), this Court explained how the three-term rule should be applied: Under the provisions of [W.Va.] Code, 62-3-21, as amended, the three unexcused regular terms of court that must pass before an accused can be discharged from further prosecution are regular terms occurring subsequent to the ending of the term at which the indictment was returned.

15
State v. Adkinsgreen
wva · 1989 · cited in 3 West Virginia opinions naming this issue, 1990–2021
2 sentences

2021Va. 443 , 388 S.E.2d 316 (1989), to find that “the three-term rule . . . is activated by an indictment.” Id. at 541 , 390 S.E.2d at 12 . 8 Finally, in State v. Carter, 204 W.

2021Va. 443 , 388 S.E.2d 316 (1989), to find that “the three-term rule . . . is activated by an indictment.” Id. at 541 , 390 S.E.2d at 12 . 8 Finally, in State v. Carter, 204 W.

13
State v. Cartergreen
wva · 1998 · cited in 3 West Virginia opinions naming this issue, 2002–2021
2 sentences

2021Va. 491 , 513 S.E.2d 718 (1998), we clarified that it is not the return of the indictment—but the defendant’s arraignment on the indictment—that triggers the three-term rule.

2021Va. 443 , 388 S.E.2d 316 (1989), to find that “the three-term rule . . . is activated by an indictment.” Id. at 541 , 390 S.E.2d at 12 . 8 Finally, in State v. Carter, 204 W.

13
State v. Crawfordgreen
wva · 1919 · cited in 2 West Virginia opinions naming this issue, 1990–1993
2 sentences

1993Although we have long held that the prosecution may not use a nolle prose-qui to evade the three-term rule, State v. Crawford, 83 W.Va. 556 , 98 S.E. 615 (1919), the prosecution is entitled to reindict after a nolle prosequi if the prosecution can conduct the trial within the constraints of the three-term rule.

1993Although we have long held that the prosecution may not use a nolle prose-qui to evade the three-term rule, State v. Crawford, 83 W.Va. 556 , 98 S.E. 615 (1919), the prosecution is entitled to reindict after a nolle prosequi if the prosecution can conduct the trial within the constraints of the three-term rule.

12
State Ex Rel. Erlewine v. Thompsongreen
wva · 1973 · cited in 1 West Virginia opinions naming this issue, 2021–2021
1 sentence

2021Va. 714, 724-25 , 207 S.E.2d 105, 111 (1973) (Haden, J. dissenting) (noting that the Court has recognized an implicit suspension of the three-term rule when “it is impossible to try an accused where the trial court loses jurisdiction to an appellate court for tis [sic] consideration of a writ of error or certified question, the delay occasioned thereby being unavoidable.”). 5 was returned against Ms. Spencer.

11
State Ex Rel. Cohen v. Manchingreen
wva · 1985 · cited in 1 West Virginia opinions naming this issue, 2021–2021
1 sentence

2021Va. 525 , 336 S.E.2d 171 (1984) (“Undefined words and terms used in a legislative enactment will be given their common, ordinary and accepted meaning.”). 13 In response to Mr. Porter’s assertions in this case, the State claims that certain terms of court were excepted from operation of the three-term rule because of the application of the statutory exception pertaining to a witness being kept away due to sickness as a result of the closure of courts during these terms amidst the COVID-19 global pandemic.

11
Ex parte Andersongreen
wva · 1917 · cited in 1 West Virginia opinions naming this issue, 2021–2021
2 sentences

2021Va. at ___ , 94 S.E. at 33 (citation omitted).

2021Moreover, in so ruling, this Court clarified that, for calculation of the three-term rule, “[c]omplete terms, not merely partial ones, are contemplated.” Anderson, 81 W.

11
State v. Drachmangreen
wva · 1987 · cited in 1 West Virginia opinions naming this issue, 2021–2021
2 sentences

2021Va. 207 , 358 S.E.2d 603 (1987), we found that the defendant therein did not rely “upon the three-term rule . . . because its provisions were not triggered until his indictment[.]” Id. at 209 , 358 S.E.2d at 605 .

2021Va. 207 , 358 S.E.2d 603 (1987), we found that the defendant therein did not rely “upon the three-term rule . . . because its provisions were not triggered until his indictment[.]” Id. at 209 , 358 S.E.2d at 605 .

11
State v. Foddrellgreen
wva · 1980 · cited in 1 West Virginia opinions naming this issue, 2020–2020
1 sentence

2020See State v. Foddrell, 165 W.

11
State v. Biasgreen
wva · 1986 · cited in 1 West Virginia opinions naming this issue, 2020–2020
1 sentence

2020See State v. Bias, 177 W.

11
Taylor-Hurley v. Mingo County Board of Educationgreen
wva · 2001 · cited in 1 West Virginia opinions naming this issue, 2016–2016
2 sentences

2016Indeed, given that Rule 7 permits misdemeanors to be charged by information, it would be absurd to conclude that the three-term rule is- not triggered upon the filing of an information. “[I]t is this Court’s duty ‘to avoid whenever possible a construction of a statute which leads to absurd, inconsistent, unjust or unreasonable results;’” Taylor-Hurley v. Mingo County Bd. of Educ., 209 W.Va. 780, 787 , 551 S.E.2d 702, 709 (2001) (quoting State v. Kerns, 183 W.Va. 130, 135 , 394 S.E.2d 532, 537 (1990)).

2016Indeed, given that Rule 7 permits misdemeanors to be charged by information, it would be absurd to conclude that the three-term rule is- not triggered upon the filing of an information. “[I]t is this Court’s duty ‘to avoid whenever possible a construction of a statute which leads to absurd, inconsistent, unjust or unreasonable results;’” Taylor-Hurley v. Mingo County Bd. of Educ., 209 W.Va. 780, 787 , 551 S.E.2d 702, 709 (2001) (quoting State v. Kerns, 183 W.Va. 130, 135 , 394 S.E.2d 532, 537 (1990)).

11
State v. Kernsgreen
wva · 1990 · cited in 1 West Virginia opinions naming this issue, 2016–2016
2 sentences

2016Indeed, given that Rule 7 permits misdemeanors to be charged by information, it would be absurd to conclude that the three-term rule is- not triggered upon the filing of an information. “[I]t is this Court’s duty ‘to avoid whenever possible a construction of a statute which leads to absurd, inconsistent, unjust or unreasonable results;’” Taylor-Hurley v. Mingo County Bd. of Educ., 209 W.Va. 780, 787 , 551 S.E.2d 702, 709 (2001) (quoting State v. Kerns, 183 W.Va. 130, 135 , 394 S.E.2d 532, 537 (1990)).

2016Indeed, given that Rule 7 permits misdemeanors to be charged by information, it would be absurd to conclude that the three-term rule is- not triggered upon the filing of an information. “[I]t is this Court’s duty ‘to avoid whenever possible a construction of a statute which leads to absurd, inconsistent, unjust or unreasonable results;’” Taylor-Hurley v. Mingo County Bd. of Educ., 209 W.Va. 780, 787 , 551 S.E.2d 702, 709 (2001) (quoting State v. Kerns, 183 W.Va. 130, 135 , 394 S.E.2d 532, 537 (1990)).

11
State v. Hinchmangreen
wva · 2003 · cited in 1 West Virginia opinions naming this issue, 2005–2005
11
State v. Mannsgreen
wva · 1985 · cited in 1 West Virginia opinions naming this issue, 1996–1996
11
Ex parte Chalfantgreen
wva · 1917 · cited in 1 West Virginia opinions naming this issue, 1990–1990
11
Carroll v. United Statesgreen
scotus · 1957 · cited in 1 West Virginia opinions naming this issue, 1989–1989
11
Berger v. Rozargreen
ariz · 1975 · cited in 1 West Virginia opinions naming this issue, 1986–1986
11
State Ex Rel. Boso v. Warmuthgreen
wva · 1980 · cited in 1 West Virginia opinions naming this issue, 1986–1986
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (29)

CaseCitedYears
State Ex Rel. Shorter v. Hey green
wva · 1982
2 sentences

2021Va. at —, — S.E.2d at —. 17 Id. 18 The parties do not argue that the occurrence of a trial in the April 2019 term should exclude that term from being counted for purposes of the three-term rule.

1986Shorter v. Hey, 170 W.Va. 249 , 294 S.E.2d 51 (1981), that it is the three-term rule, W.Va.Code, 62-3-21, which constitutes the legislative pronouncement of our speedy trial standard under Article III, Section 14 of the West Virginia Constitution: “Whereas W.Va.Code, 62-3-1, provides a defendant with a statutory right to a trial in the term of his indictment, it is W.Va.Code, 62-3-21, rather than W.Va.Code, 62-3-1, which is the legislative adoption or declaration of what ordinarily constitutes a speedy trial within the meaning of U.S. Const., amend.

31986–2021
State Ex Rel. Webb v. Wilson neutral
wva · 1990
2 sentences

2021Va. 443 , 388 S.E.2d 316 (1989), to find that “the three-term rule . . . is activated by an indictment.” Id. at 541 , 390 S.E.2d at 12 . 8 Finally, in State v. Carter, 204 W.

1990Webb v. Wilson, 182 W.Va. 538 , 390 S.E.2d 9 (1990), we discussed the question of whether the three-term rule could be avoided in a circuit court where an indictment had been dismissed due to irregularities in impaneling the grand jury.

31990–2021
State v. Foddrell green
wva · 1982
2 sentences

2020Va. 54 , 297 S.E.2d 829 (1982). 4. “‘It is the three-term rule, W.

2012While the order cites State v. El swick, 225 W.Va. 285 , 693 S.E.2d 38 (2010), it is in Syl. pt. 2 of State v. Foddrell, 171 W.Va. 54 , 297 S.E.2d 829 (1982), wherein we elaborate the following factors: “A determination of whether a defendant has been denied a trial without unreasonable delay requires consideration of four factors: (1) the length of the delay; (2) the reasons for the delay; (3) the defendant’s assertion of his rights; and (4) prejudice to the defendant.

22012–2020
State of West Virginia v. Oscar Ross Combs, Sr. green
wva · 2022
2 sentences

2023Va. 1 , ___, 875 S.E.2d 139 , 146 (2022) (citing Good, 176 W.

2023Similarly, “when the trial is continued to another term by an agreement of the parties, it does not count as an unexcused term for purposes of the three-term rule.” State v. Combs, 13 247 W.

12023–2023
State v. Underwood green
wva · 1947
1 sentence

2022State v. Underwood, 130 W.

12022–2022
State of West Virginia v. Paul C. green
wva · 2020
1 sentence

2022Va. 329 , 338, 853 S.E.2d 569 , 576 (2020) (“In reviewing the three terms of court at issue, we need look no further than the March 2018 term of court, which we easily conclude was excused and, if we assume that the remaining two terms (the June and October 2017 terms) were unexcused, is determinative that the three-term rule was not violated.”).

12022–2022
State Ex Rel. Parsons v. Cuppett green
wva · 1971
1 sentence

2021Va. 469 , 184 S.E.2d 616 (1971).”). 12 terms of court, which have not been excused from calculation of the three-term rule, have passed after the term in which Mr. Porter’s indictment was returned such that the State has violated Mr. Porter’s constitutional right to a speedy trial.

12021–2021
State v. Youngblood green
wva · 2007
1 sentence

2021Va. 20 , 650 S.E.2d 119 (2007). 3. “‘It is the three-term rule, W.

12021–2021
State v. Lilly green
wva · 1995
2 sentences

2016Here, petitioner waived and forfeited his right to appeal the three-term rule issue by failing to raise it prior to the entry of his guilty plea and by failing to enter a conditional guilty 6 plea that would have preserved the issue for appellate review.5 See State v. Legg, 207 W.Va. 686 , 690 n. 7, 536 S.E.2d 110 , 114 n. 7 (2000), relying on Justice Cleckley’s concurrence in State v. Lilly, 194 W.Va. 595 , 461 S.E.2d 101 (1995) (stating that “[w]hen a defendant unconditionally and voluntarily pleads guilty to an offense, the defendant generally waives nonjurisdictional objections to a circui

2016Here, petitioner waived and forfeited his right to appeal the three-term rule issue by failing to raise it prior to the entry of his guilty plea and by failing to enter a conditional guilty 6 plea that would have preserved the issue for appellate review.5 See State v. Legg, 207 W.Va. 686 , 690 n. 7, 536 S.E.2d 110 , 114 n. 7 (2000), relying on Justice Cleckley’s concurrence in State v. Lilly, 194 W.Va. 595 , 461 S.E.2d 101 (1995) (stating that “[w]hen a defendant unconditionally and voluntarily pleads guilty to an offense, the defendant generally waives nonjurisdictional objections to a circui

12016–2016
State v. Legg green
wva · 2000
2 sentences

2016Here, petitioner waived and forfeited his right to appeal the three-term rule issue by failing to raise it prior to the entry of his guilty plea and by failing to enter a conditional guilty 6 plea that would have preserved the issue for appellate review.5 See State v. Legg, 207 W.Va. 686 , 690 n. 7, 536 S.E.2d 110 , 114 n. 7 (2000), relying on Justice Cleckley’s concurrence in State v. Lilly, 194 W.Va. 595 , 461 S.E.2d 101 (1995) (stating that “[w]hen a defendant unconditionally and voluntarily pleads guilty to an offense, the defendant generally waives nonjurisdictional objections to a circui

2016Here, petitioner waived and forfeited his right to appeal the three-term rule issue by failing to raise it prior to the entry of his guilty plea and by failing to enter a conditional guilty 6 plea that would have preserved the issue for appellate review.5 See State v. Legg, 207 W.Va. 686 , 690 n. 7, 536 S.E.2d 110 , 114 n. 7 (2000), relying on Justice Cleckley’s concurrence in State v. Lilly, 194 W.Va. 595 , 461 S.E.2d 101 (1995) (stating that “[w]hen a defendant unconditionally and voluntarily pleads guilty to an offense, the defendant generally waives nonjurisdictional objections to a circui

12016–2016
State v. Elswick green
wva · 2010
2 sentences

2012While the order cites State v. El swick, 225 W.Va. 285 , 693 S.E.2d 38 (2010), it is in Syl. pt. 2 of State v. Foddrell, 171 W.Va. 54 , 297 S.E.2d 829 (1982), wherein we elaborate the following factors: “A determination of whether a defendant has been denied a trial without unreasonable delay requires consideration of four factors: (1) the length of the delay; (2) the reasons for the delay; (3) the defendant’s assertion of his rights; and (4) prejudice to the defendant.

2012While the order cites State v. El swick, 225 W.Va. 285 , 693 S.E.2d 38 (2010), it is in Syl. pt. 2 of State v. Foddrell, 171 W.Va. 54 , 297 S.E.2d 829 (1982), wherein we elaborate the following factors: “A determination of whether a defendant has been denied a trial without unreasonable delay requires consideration of four factors: (1) the length of the delay; (2) the reasons for the delay; (3) the defendant’s assertion of his rights; and (4) prejudice to the defendant.

12012–2012
Farley v. Kramer neutral
scotus · 1969
12007–2007
Ex parte Dudley v. State green
wva · 1904
2 sentences

2007In Dudley v. State, 55 W.Va. 472 , 47 S.E. 285 (1904), this Court examined the three- term rule with regard to a defendant who had been held in custody during three terms of court and explained as follows: The only excuse given for not trying the petitioner as required in this section is because he had been illegally recommitted to the penitentiary by order of the Governor.

2007In Dudley v. State, 55 W.Va. 472 , 47 S.E. 285 (1904), this Court examined the three- term rule with regard to a defendant who had been held in custody during three terms of court and explained as follows: The only excuse given for not trying the petitioner as required in this section is because he had been illegally recommitted to the penitentiary by order of the Governor.

12007–2007
Ex parte Bracey green
wva · 1918
2 sentences

2007Id. at 72 , 95 S.E. at 595 . [2] Prior to amendments in 1975, Virginia utilized a three-term rule similar in structure to the statute in this state.

2007Id. at 72 , 95 S.E. at 595 . [2] Prior to amendments in 1975, Virginia utilized a three-term rule similar in structure to the statute in this state.

12007–2007
State v. Damron green
wva · 2002
2 sentences

2007Thus, the State complied with the three-term rule." 213 W.Va. at 13, 576 S.E.2d at 258 .

2007Thus, the State complied with the three-term rule.” 213 W.Va. at 13, 576 S.E.2d at 258 .

12007–2007
State Ex Rel. Farley v. Kramer green
wva · 1969
2 sentences

2007Farley v. Kramer, 153 W.Va. 159 , 169 S.E.2d 106 (1969), cert. denied, 396 U.S. 986 , 90 S.Ct. 482 , 24 L.Ed.2d 451 , this Court held that the state may reindict an accused for the same offenses upon which previous indictments were originally returned against an accused, when the original indictments were dismissed as void within the time constraints of the three-term rule.

2007Farley v. Kramer, 153 W.Va. 159 , 169 S.E.2d 106 (1969), cert. denied, 396 U.S. 986 , 90 S.Ct. 482 , 24 L.Ed.2d 451 , this Court held that the state may reindict an accused for the same offenses upon which previous indictments were originally returned against an accused, when the original indictments were dismissed as void within the time constraints of the three-term rule.

12007–2007
State Ex Rel. Stines v. Locke green
wva · 1975
12006–2006
State v. Bush green
wva · 1979
12005–2005
State Ex Rel. May v. Boles green
wva · 1964
11998–1998
Brent v. Board of Trustees of Davis & Elkins College green
wva · 1983
11994–1994
State v. Walters green
wva · 1991
11992–1992
State Ex Rel. McCormick v. Hall red
wva · 1966
11990–1990
State v. Holland green
wva · 1965
11987–1987
State v. Harren green
nc · 1981
11986–1986
State v. Wilson green
ohioctapp · 1982
11986–1986
State v. Ward green
wva · 1981
11986–1986
Scott v. State green
ark · 1985
11986–1986
State ex rel. Holstein v. Casey green
wva · 1980
11982–1982
State v. Hudson green
wva · 1974
11982–1982

Statutes the citing opinions construe

WV § W. Va. Code § 62-3-21 (35) WV § W. Va. Code § 62-3-1 (5) WV § W. Va. Code § 58-5-30 (4) WV § W. Va. Code § 62-14-1 (4) WV § W. Va. Code § 61-11-18 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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