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6 West Virginia opinions name it 2 courts 2003–2025 4 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 |
|---|---|---|
James A. Moore, Jr. v. ICG Tygart Valley, LLCgreen2 sentences2025Va. at 302, 879 S.E.2d at 789. 2025We note that in Moore, the SCAWV specifically held cervical radiculopathy to be a compensable condition in Mr. Moore’s claim because his preexisting degenerative disease in his cervical spine was asymptomatic until “the compensable injury caused him to develop cervical radiculopathy, a new distinct injury.” Moore, 247 W. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State of W. Va. v. Moore
green
2 sentences2004Id. at 868 . (emphasis added.) In its summary of Judge Williams’ memorandum opinion, West Publishing probably explained it best when it provided: On former governor’s motion for partial summary judgment, the District Court, Richard L. 2004West Virginia v. Moore, 895 F.Supp. at 874-875 . | 2 | 2003–2004 |
William L. Gill v. City of Charleston
green
2 sentences2023Mr. Agrabright’s argument fails to consider the Moore presumption in unison with the Supreme Court of Appeals of West Virginia’s (“SCAWV”) ruling in Gill v. City of Charleston, 236 W. 2023Mr. Agrabright’s argument fails to consider the Moore presumption in unison with the Supreme Court of Appeals of West Virginia’s (“SCAWV”) ruling in Gill v. City of Charleston, 236 W. | 1 | 2023–2023 |
State v. Thomas
green
2 sentences2022Third, I wholeheartedly disagree with the court’s conclusion in Vogh that the failure to swear the jury in a criminal case, which is part and parcel of constitutional “fair trial” provisions, is subject to a harmless error analysis less rigorous than that articulated by this Court in numerous decisions: “We have long held that ‘[e]rrors involving deprivation of constitutional rights will be regarded as harmless only if there is no reasonable possibility that the violation contributed to the conviction.” Syl. pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974). 2022Third, I wholeheartedly disagree with the court’s conclusion in Vogh that the failure to swear the jury in a criminal case, which is part and parcel of constitutional “fair trial” provisions, is subject to a harmless error analysis less rigorous than that articulated by this Court in numerous decisions: “We have long held that ‘[e]rrors involving deprivation of constitutional rights will be regarded as harmless only if there is no reasonable possibility that the violation contributed to the conviction.” Syl. pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974). | 1 | 2022–2022 |
State v. Vogh
green
2 sentences2022As to the latter, the court acknowledged that the Moore rule is not an outlier, concluding “that the authority is divided and that no particular consensus exists.” Id. at 425 . 2022As to the latter, the court acknowledged that the Moore rule is not an outlier, concluding “that the authority is divided and that no particular consensus exists.” Id. at 425 . | 1 | 2022–2022 |
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.