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22 West Virginia opinions name it 1 courts 2012–2026 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.
| Case | Followed | Cited |
|---|---|---|
Kennedy v. Fraziergreen2 sentences2016Following that 3 In Syllabus Point 1 of Kennedy, we held that circuit courts may accept a criminal defendant’s plea of guilty despite a claim of innocence “if he intelligently concludes that his interests require a guilty plea and the record supports the conclusion that a jury could convict him.” 178 W.Va. at 10 , 357 S.E.2d at 43 . 4 See Call v. McKenzie, 159 W.Va. 191 , 220 S.E.2d 665 (1975). 2 conference, trial counsel stated that petitioner admitted that the State could present such evidence, but that he was not making an admission to it pursuant to his Kennedy plea. 2016Following that 3 In Syllabus Point 1 of Kennedy, we held that circuit courts may accept a criminal defendant’s plea of guilty despite a claim of innocence “if he intelligently concludes that his interests require a guilty plea and the record supports the conclusion that a jury could convict him.” 178 W.Va. at 10 , 357 S.E.2d at 43 . 4 See Call v. McKenzie, 159 W.Va. 191 , 220 S.E.2d 665 (1975). 2 conference, trial counsel stated that petitioner admitted that the State could present such evidence, but that he was not making an admission to it pursuant to his Kennedy plea. | 4 | 14 |
In Re: Petition for Reinstatement of Thomas Jason Drakegreen2 sentences2021Mr. Drake had entered into an Alford/Kennedy plea to the crime of embezzlement after he converted funds from a trust, and was ordered to make restitution to the subrogee of that trust in the amount of approximately $57,000.00. 26 When Mr. Drake later petitioned for reinstatement, he had made no restitution payments, nor had he even attempted to ascertain where to send those payments, until just a few weeks before the oral argument on his petition for reinstatement. 27 We declined to reinstate his license, and based that 23 Id. 24 Swisher, 243 W. 2021Mr. Drake had entered into an Alford/Kennedy plea to the crime of embezzlement after he converted funds from a trust, and was ordered to make restitution to the subrogee of that trust in the amount of approximately $57,000.00. 26 When Mr. Drake later petitioned for reinstatement, he had made no restitution payments, nor had he even attempted to ascertain where to send those payments, until just a few weeks before the oral argument on his petition for reinstatement. 27 We declined to reinstate his license, and based that 23 Id. 24 Swisher, 243 W. | 1 | 3 |
North Carolina v. Alfordgreen1 sentence2026See North Carolina v. Alford, 400 U.S. 25 (1970); Syl. | 1 | 1 |
United States v. Honorable Henry F. Werker, United States District Judge, United States of America v. Harry Santos-Figueroagreen1 sentence2024Because a circuit court’s improper participation in plea negotiations may lead to a perception of bias if the case ultimately goes to trial before the same judge, we consider it appropriate to direct that a different judge be assigned to the case upon remand. 29 Ms. Adkins may withdraw her Kennedy plea to DUI causing death and, if she does, both she 27 See United States v. Werker, 535 F.2d 198, 203 (2d Cir. 1976), cert denied, 429 U.S. 926 (1976) (“Rule 11 implicitly recognizes that participation in the plea[-]bargaining process depreciates the image of the trial judge that is necessary to pub | 1 | 1 |
cluster 795087green2 sentences2024Because a circuit court’s improper participation in plea negotiations may lead to a perception of bias if the case ultimately goes to trial before the same judge, we consider it appropriate to direct that a different judge be assigned to the case upon remand. 29 Ms. Adkins may withdraw her Kennedy plea to DUI causing death and, if she does, both she 27 See United States v. Werker, 535 F.2d 198, 203 (2d Cir. 1976), cert denied, 429 U.S. 926 (1976) (“Rule 11 implicitly recognizes that participation in the plea[-]bargaining process depreciates the image of the trial judge that is necessary to pub 2024Because a circuit court’s improper participation in plea negotiations may lead to a perception of bias if the case ultimately goes to trial before the same judge, we consider it appropriate to direct that a different judge be assigned to the case upon remand. 29 Ms. Adkins may withdraw her Kennedy plea to DUI causing death and, if she does, both she 27 See United States v. Werker, 535 F.2d 198, 203 (2d Cir. 1976), cert denied, 429 U.S. 926 (1976) (“Rule 11 implicitly recognizes that participation in the plea[-]bargaining process depreciates the image of the trial judge that is necessary to pub | 1 | 1 |
| 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 West Virginia v. Orville M. Hutton
green
2 sentences2022In Syllabus point one of Kennedy, this Court held: “An accused may voluntarily, knowingly and understandingly consent to the imposition of a prison sentence even though he is unwilling to admit participation in the crime, if he intelligently concludes that his interests require a guilty plea and the record supports the conclusion that a jury could convict him.” 3 Indictment” in March of 2021. 2 In this petition, Mr. Conn claimed that the State Police mistakenly believed him to be a lifetime registrant 3 when his conviction only required him 2 In Syllabus point 5 of State v. Hutton, 235 W. 2022In Syllabus point one of Kennedy, this Court held: “An accused may voluntarily, knowingly and understandingly consent to the imposition of a prison sentence even though he is unwilling to admit participation in the crime, if he intelligently concludes that his interests require a guilty plea and the record supports the conclusion that a jury could convict him.” 3 Indictment” in March of 2021. 2 In this petition, Mr. Conn claimed that the State Police mistakenly believed him to be a lifetime registrant 3 when his conviction only required him 2 In Syllabus point 5 of State v. Hutton, 235 W. | 2 | 2022–2022 |
United States v. Oluwaseun Sanya
green
1 sentence2024Because a circuit court’s improper participation in plea negotiations may lead to a perception of bias if the case ultimately goes to trial before the same judge, we consider it appropriate to direct that a different judge be assigned to the case upon remand. 29 Ms. Adkins may withdraw her Kennedy plea to DUI causing death and, if she does, both she 27 See United States v. Werker, 535 F.2d 198, 203 (2d Cir. 1976), cert denied, 429 U.S. 926 (1976) (“Rule 11 implicitly recognizes that participation in the plea[-]bargaining process depreciates the image of the trial judge that is necessary to pub | 1 | 2024–2024 |
State v. Welch
green
1 sentence2024Pt. 3, State v. Welch, 229 W. | 1 | 2024–2024 |
State Ex Rel. Forbes v. Kaufman
green
1 sentence2021Va. 72 , 404 S.E.2d 763 (1991), we held: 1 agreed to enter a Kennedy plea to first-degree robbery in exchange for the State’s dismissal of the other charges. 2 The parties further agreed that the appropriate disposition of the case was a sixty- year sentence of incarceration suspended in favor of alternative sentencing in the form of ten years of home confinement, five years of probation, and one year of parole in order for petitioner to discharge his sentence. | 1 | 2021–2021 |
Call v. McKenzie
green
2 sentences2016Following that 3 In Syllabus Point 1 of Kennedy, we held that circuit courts may accept a criminal defendant’s plea of guilty despite a claim of innocence “if he intelligently concludes that his interests require a guilty plea and the record supports the conclusion that a jury could convict him.” 178 W.Va. at 10 , 357 S.E.2d at 43 . 4 See Call v. McKenzie, 159 W.Va. 191 , 220 S.E.2d 665 (1975). 2 conference, trial counsel stated that petitioner admitted that the State could present such evidence, but that he was not making an admission to it pursuant to his Kennedy plea. 2016Following that 3 In Syllabus Point 1 of Kennedy, we held that circuit courts may accept a criminal defendant’s plea of guilty despite a claim of innocence “if he intelligently concludes that his interests require a guilty plea and the record supports the conclusion that a jury could convict him.” 178 W.Va. at 10 , 357 S.E.2d at 43 . 4 See Call v. McKenzie, 159 W.Va. 191 , 220 S.E.2d 665 (1975). 2 conference, trial counsel stated that petitioner admitted that the State could present such evidence, but that he was not making an admission to it pursuant to his Kennedy plea. | 1 | 2016–2016 |
In Re Renewed Investigation of the State Police Crime Laboratory, Serology Division
green
2 sentences2015In 3 The other counts of the indictment were dismissed by the State prior to trial. 4 See In the Matter of: Renewed Investigation of State Police Crime Laboratory, Serology Div., 219 W.Va. 408 , 633 S.E.2d 762 (2006). 5 See Kennedy v. Frazier, 178 W.Va. 10 , 357 S.E .2d 43 (1987). 6 Both serology evidence and DNA testing are discussed in the record. 2015In 3 The other counts of the indictment were dismissed by the State prior to trial. 4 See In the Matter of: Renewed Investigation of State Police Crime Laboratory, Serology Div., 219 W.Va. 408 , 633 S.E.2d 762 (2006). 5 See Kennedy v. Frazier, 178 W.Va. 10 , 357 S.E .2d 43 (1987). 6 Both serology evidence and DNA testing are discussed in the record. | 1 | 2015–2015 |
State v. Miller
green
2 sentences2013First, “[t]he Court, having presided in the underlying criminal case, perceived no defects in counsel’s performance which would violate the . . . standard announced in [State v.] Miller[, 194 W.Va. 3 , 459 S.E.2d 114 (1995)].” Second, with regard to petitioner’s claim that it was pre-existing injuries and alcoholism that killed the victim, the circuit court found that rather than be tried by a jury, petitioner chose instead to enter a Kennedy plea. 2013First, “[t]he Court, having presided in the underlying criminal case, perceived no defects in counsel’s performance which would violate the . . . standard announced in [State v.] Miller[, 194 W.Va. 3 , 459 S.E.2d 114 (1995)].” Second, with regard to petitioner’s claim that it was pre-existing injuries and alcoholism that killed the victim, the circuit court found that rather than be tried by a jury, petitioner chose instead to enter a Kennedy plea. | 1 | 2013–2013 |
State v. Kennedy
red
2 sentences2012Id. at 228 n. 5, 517 S.E.2d at 461 n. 5. 2012Id. at 228 n. 5, 517 S.E.2d at 461 n. 5. | 1 | 2012–2012 |
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.