Kennedy plea (West Virginia) · Go Syfert
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Kennedy plea in West Virginia

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.

Followed or applied (5)

CaseFollowedCited
Kennedy v. Fraziergreen
wva · 1987 · cited in 14 West Virginia opinions naming this issue, 2013–2022
2 sentences

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.

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.

414
In Re: Petition for Reinstatement of Thomas Jason Drakegreen
wva · 2019 · cited in 3 West Virginia opinions naming this issue, 2020–2021
2 sentences

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.

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.

13
North Carolina v. Alfordgreen
scotus · 1970 · cited in 1 West Virginia opinions naming this issue, 2026–2026
1 sentence

2026See North Carolina v. Alford, 400 U.S. 25 (1970); Syl.

11
United States v. Honorable Henry F. Werker, United States District Judge, United States of America v. Harry Santos-Figueroagreen
ca2 · 1976 · cited in 1 West Virginia opinions naming this issue, 2024–2024
1 sentence

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

11
cluster 795087green
ca4 · 2006 · cited in 1 West Virginia opinions naming this issue, 2024–2024
2 sentences

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

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

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 (8)

CaseCitedYears
State of West Virginia v. Orville M. Hutton green
wva · 2015
2 sentences

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.

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.

22022–2022
United States v. Oluwaseun Sanya green
ca4 · 2014
1 sentence

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

12024–2024
State v. Welch green
wva · 2012
1 sentence

2024Pt. 3, State v. Welch, 229 W.

12024–2024
State Ex Rel. Forbes v. Kaufman green
wva · 1991
1 sentence

2021Va. 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.

12021–2021
Call v. McKenzie green
wva · 1975
2 sentences

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.

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.

12016–2016
In Re Renewed Investigation of the State Police Crime Laboratory, Serology Division green
wva · 2006
2 sentences

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.

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.

12015–2015
State v. Miller green
wva · 1995
2 sentences

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.

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.

12013–2013
State v. Kennedy red
wva · 1999
2 sentences

2012Id. 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.

12012–2012

Statutes the citing opinions construe

WV § W. Va. Code § 61-8B-1 (3) WV § W. Va. Code § 61-8B-7 (3) WV § W. Va. Code § 61-8D-5 (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.

Where else courts name it

TX 68 (1984–2026) WV 22 (2012–2026) PA 19 (1985–2025) IL 17 (1984–2023) CA 11 (2003–2025) DC 9 (1981–2022) TN 8 (1945–2018) OH 8 (1999–2026) MI 8 (1986–2026) FL 6 (2001–2017) AL 6 (1983–2024) NC 6 (1958–2013) IN 6 (2001–2017) NJ 5 (1986–2026) KS 5 (1997–2020) MD 5 (2000–2016) MN 5 (2002–2024) IA 5 (2000–2015) CO 5 (2002–2018) CT 4 (1994–2025) NE 4 (1988–2018) AZ 4 (1993–2022) WA 4 (1984–1998) AR 4 (2009–2017) MS 4 (2006–2019) NV 3 (2017–2017) NY 3 (1997–2017) MT 3 (1992–2012) MA 3 (1995–1998) GA 3 (1998–2008) VA 3 (1996–2015) SD 2 (1998–2015) ME 2 (2012–2016) SC 2 (2009–2009) KY 2 (1999–2016) DE 2 (2016–2016)

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.

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