5 West Virginia opinions name it 1 courts 2014–2023 1 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.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in West Virginia. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Albrecht v. State
green
2 sentences2014Pursuant to syllabus point 1 of Albrecht v. State, 173 W.Va. 268 , 314 S.E.2d 859 (1984), [tjhere are no provisions in either W. 2014Pursuant to syllabus point 1 of Albrecht v. State, 173 W.Va. 268 , 314 S.E.2d 859 (1984), [tjhere are no provisions in either W. | 2 | 2014–2014 |
Coll v. Cline
green
2 sentences2014At the time of the hearing, Officer Wilhelm had not received the results of the blood test but the hearing examiner found that they were not necessary pursuant to Syh Pt. 4, Coll v. Cline, 202 W.Va. 599 , 505 S.E.2d 662 (1998). 2014At the time of the hearing, Officer Wilhelm had not received the results of the blood test but the hearing examiner found that they were not necessary pursuant to Syh Pt. 4, Coll v. Cline, 202 W.Va. 599 , 505 S.E.2d 662 (1998). | 2 | 2014–2014 |
State v. Osakalumi
green
1 sentence2023Indeed, we should remember that we drew Syllabus Point 6 of Talbert from Syllabus Point 2 of State v. Osakalumi, 194 W. | 1 | 2023–2023 |
In Re Burks
green
1 sentence2020The revocation was upheld but, on appeal, the circuit court reversed because, inter alia, the arresting officer’s failure “to supply the results of the blood test is a substantial denial of due process and fair and full hearing on the issues[.]” Id. | 1 | 2020–2020 |
Moczek v. Bechtold
green
2 sentences2015As this Court observed in Moczek , “the results of the blood test would have been irrelevant to the outcome of the narrow issue of whether Mr. Moczek’s license should be suspended because appellant’s refusal to take the designated breathalyzer test immediately after his arrest made the present case one of administrative revocation.” Id. 2015The Court in Moczek was careful to emphasize, however, that Mr. Moczek’s license was “suspended because he refused to take the breathalyzer test, and not because he was driving while under the influence of alcohol.” Id. | 1 | 2015–2015 |
Conrad v. Schwendiman
green
2 sentences2015As this Court observed in Moczek, “the results of the blood test would have been irrelevant to the 8 As the Supreme Court of Utah aptly explained in Conrad v. Schwendiman, 680 P.2d 736 (Utah 1984), a statute permitting a driver to request a blood test “does not supersede or negate” an implied consent statute. 2015Id. at 739 . | 1 | 2015–2015 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.