beneficiary of a constitutional error (West Virginia) · Go Syfert
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beneficiary of a constitutional error in West Virginia

15 West Virginia opinions name it 1 courts 1978–2022 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.

Followed or applied (6)

CaseFollowedCited
State v. Jenkinsgreen
wva · 1995 · cited in 3 West Virginia opinions naming this issue, 2002–2013
2 sentences

2008Pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974); see also State v. Jenkins, 195 W.Va. 620, 629 , 466 S.E.2d 471, 480 (1995). [7] In the attempt to determine whether a constitutional violation is harmless, the United States Supreme Court held in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), *602 that the burden is on "the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." 386 U.S. at 24 , 87 S.Ct. 824 . [8] In State v. DiGuilio, 491 So.2d 1129 (Fla. 1986),

2008Pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974); see also State v. Jenkins, 195 W.Va. 620, 629 , 466 S.E.2d 471, 480 (1995). [7] In the attempt to determine whether a constitutional violation is harmless, the United States Supreme Court held in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), *602 that the burden is on "the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." 386 U.S. at 24 , 87 S.Ct. 824 . [8] In State v. DiGuilio, 491 So.2d 1129 (Fla. 1986),

33
Chapman v. Californiared
scotus · 1967 · cited in 12 West Virginia opinions naming this issue, 1978–2016
2 sentences

2016In Syllabus Point 3 of State v. Frazier, 229 W.Va. 724 , 735 S.E.2d 727 (2012), this Court explained: “In a criminal case, the burden is upon the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” See also Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (the burden is on “the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.”).

2016In Syllabus Point 3 of State v. Frazier, 229 W.Va. 724 , 735 S.E.2d 727 (2012), this Court explained: “In a criminal case, the burden is upon the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” See also Chapman v. California, 386 U.S. 18, 24 (1967) (the burden is on “the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.”).

212
State v. Thomasgreen
wva · 1974 · cited in 3 West Virginia opinions naming this issue, 2002–2013
2 sentences

2008Pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974); see also State v. Jenkins, 195 W.Va. 620, 629 , 466 S.E.2d 471, 480 (1995). [7] In the attempt to determine whether a constitutional violation is harmless, the United States Supreme Court held in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), *602 that the burden is on "the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." 386 U.S. at 24 , 87 S.Ct. 824 . [8] In State v. DiGuilio, 491 So.2d 1129 (Fla. 1986),

2008Pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974); see also State v. Jenkins, 195 W.Va. 620, 629 , 466 S.E.2d 471, 480 (1995). [7] In the attempt to determine whether a constitutional violation is harmless, the United States Supreme Court held in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), *602 that the burden is on "the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." 386 U.S. at 24 , 87 S.Ct. 824 . [8] In State v. DiGuilio, 491 So.2d 1129 (Fla. 1986),

13
State v. Mechlinggreen
wva · 2006 · cited in 2 West Virginia opinions naming this issue, 2013–2014
2 sentences

2014State v. Mechling, 219 W.Va. 366, 371 , 633 S.E.2d 311, 316 (2006).

2014State v. Mechling, 219 W.Va. 366, 371 , 633 S.E.2d 311, 316 (2006).

12
Bessey v. Stategreen
texcrimapp · 2007 · cited in 1 West Virginia opinions naming this issue, 2015–2015
1 sentence

2015Moreover, in syllabus point three of State v. Frazier, 229 W.Va. 724 , 735 S.E.2d 727 (2012), this Court explained: “In a criminal ease, the 'burden is upon the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” Likewise, in deciding the issue of whether a constitutional violation is harmless, the United States Supreme Court held in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), that the burden is on “the beneficiary of a constitutional error to prove beyond a reasonable

11
State v. DiGuiliogreen
fla · 1986 · cited in 1 West Virginia opinions naming this issue, 2008–2008
2 sentences

2008Pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974); see also State v. Jenkins, 195 W.Va. 620, 629 , 466 S.E.2d 471, 480 (1995). [7] In the attempt to determine whether a constitutional violation is harmless, the United States Supreme Court held in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), *602 that the burden is on "the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." 386 U.S. at 24 , 87 S.Ct. 824 . [8] In State v. DiGuilio, 491 So.2d 1129 (Fla. 1986),

2008Pt. 20, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445 (1974); see also State v. Jenkins, 195 W.Va. 620, 629 , 466 S.E.2d 471, 480 (1995). 7 In the attempt to determine whether a constitutional violation is harmless, the United States Supreme Court held in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), that the burden is on “the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” 386 U.S. at 24 , 87 S.Ct. 824 . 8 In State v. DiGuilio, 491 So.2d 1129 (Fla.1986), the Florid

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 (2)

CaseCitedYears
State v. Frazier green
wva · 2012
2 sentences

2022Va. 724 , 735 S.E.2d 727 (2012)] that ‘[i]n a criminal case, the burden is upon the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.’”).

2019Furthermore, "In a criminal case, the burden is upon the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." Syl. pt. 3 State v. Frazier , 229 W.

62013–2022
State v. Stone green
wva · 1980
1 sentence

2013Va. 724 , 735 S.E.2d 727 (2012). 8. “‘To constitute probable cause for the issuance of a search warrant, the affiant must set forth facts indicating the existence of criminal activities which would justify a search and further, if there is an unnamed informant, sufficient facts must be set forth iii demonstrating that the information obtained from the unnamed informant is reliable.’ Syllabus point 1, State v. Stone, 165 W.

12013–2013

Where else courts name it

CA 24 (1968–2023) WV 15 (1978–2022) ND 14 (1977–2016) TX 10 (1989–2025) DC 7 (1989–2011) ID 5 (1984–2022) OH 4 (1993–2022) RI 4 (1974–2025) CO 3 (1983–2009) NY 2 (1971–2003) MI 2 (1971–1994) LA 2 (1991–1994) PA 2 (1967–2020) NJ 2 (1991–2007) VA 2 (1974–2011) OR 2 (1981–2020) KS 2 (2011–2016) WA 2 (1977–2014) KY 2 (2009–2009) MA 2 (1978–2010) AZ 2 (1970–1983) FL 2 (2001–2014)

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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