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15 West Virginia opinions name it 1 courts 1931–2025 3 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 |
|---|---|---|
State v. Hobbsgreen2 sentences2016Pt. 4, in part, State v. Hobbs, 168 W. 1987“It is generally held that when a jury is unable to agree on a verdict, it is within the trial court’s discretion to urge an earnest effort to agree, so long as the jurors are free to act without any form of coercion by the trial court.” State v. Hobbs, 168 W.Va. 13, 37 , 282 S.E.2d 258, 272 (1981). | 1 | 2 |
State v. Blessinggreen2 sentences2010In finding that the trial judge’s remarks and the supplemental instruction were not coercive, we noted that the trial court did not address his comments solely to the minority members of the jury and he never urged the minority to reconsider its position. 175 W.Va. at 135 , 331 S.E.2d at 866 . 2010In finding that the trial judge’s remarks and the supplemental instruction were not coercive, we noted that the trial court did not address his comments solely to the minority members of the jury and he never urged the minority to reconsider its position. 175 W.Va. at 135 , 331 S.E.2d at 866 . | 1 | 2 |
United States v. United States Gypsum Co.green2 sentences2010See 175 W.Va. at 134 , 331 S.E.2d at 865 ; see also U.S. v. Gypsum Co., 438 U.S. 422, 462 , 98 S.Ct. 2864 , 57 L.Ed.2d 854 (1978) (discussing fact that verdict returned soon after supplemental charge “gives rise to serious questions” of jury coercion). 30 . 2010See 175 W.Va. at 134 , 331 S.E.2d at 865 ; see also U.S. v. Gypsum Co., 438 U.S. 422, 462 , 98 S.Ct. 2864 , 57 L.Ed.2d 854 (1978) (discussing fact that verdict returned soon after supplemental charge “gives rise to serious questions” of jury coercion). 30 . | 1 | 1 |
People v. Carnegiegreen2 sentences2007We conclude that the error did create a substantial likelihood of a miscarriage of justice."); State v. Harmon, 104 N.J. 189 , 516 A.2d 1047, 1060 (1986) ("It must be determined, then, whether the [supplemental] charge constituted plain error since there was no objection interposed by defendant to the recitation of these charges in this case."); People v. Carnegie, 74 A.D.2d 651 , 425 N.Y.S.2d 39, 40 (1980) ("Although the defendant's counsel did not object [to the supplemental instruction], we think that in the context of this case, the interest of justice requires that the judgment be reverse 2007We conclude that the error did create a substantial likelihood of a miscarriage of justice."); State v. Harmon, 104 N.J. 189 , 516 A.2d 1047, 1060 (1986) ("It must be determined, then, whether the [supplemental] charge constituted plain error since there was no objection interposed by defendant to the recitation of these charges in this case."); People v. Carnegie, 74 A.D.2d 651 , 425 N.Y.S.2d 39, 40 (1980) ("Although the defendant's counsel did not object [to the supplemental instruction], we think that in the context of this case, the interest of justice requires that the judgment be reverse | 1 | 1 |
State v. Harmongreen2 sentences2007We conclude that the error did create a substantial likelihood of a miscarriage of justice."); State v. Harmon, 104 N.J. 189 , 516 A.2d 1047, 1060 (1986) ("It must be determined, then, whether the [supplemental] charge constituted plain error since there was no objection interposed by defendant to the recitation of these charges in this case."); People v. Carnegie, 74 A.D.2d 651 , 425 N.Y.S.2d 39, 40 (1980) ("Although the defendant's counsel did not object [to the supplemental instruction], we think that in the context of this case, the interest of justice requires that the judgment be reverse 2007We conclude that the error did create a substantial likelihood of a miscarriage of justice."); State v. Harmon, 104 N.J. 189 , 516 A.2d 1047, 1060 (1986) ("It must be determined, then, whether the [supplemental] charge constituted plain error since there was no objection interposed by defendant to the recitation of these charges in this case."); People v. Carnegie, 74 A.D.2d 651 , 425 N.Y.S.2d 39, 40 (1980) ("Although the defendant's counsel did not object [to the supplemental instruction], we think that in the context of this case, the interest of justice requires that the judgment be reverse | 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 v. Waldron
green
2 sentences2025Va. 450 , 459 n.11, 624 S.E.2d 887 , 896 n.11 (2005): “‘The Allen charge . . . is a supplemental instruction given to encourage deadlocked juries to reach agreement.’ The name for this particular instruction originated from the case of Allen v. United States, 164 U. S. 492 , 17 S. Ct. 154 , 41 L.Ed. 528 (1896).” (citation omitted). 7 part, State v. Farmer, 200 W. 2023Va. 450 , 459 n.11, 624 S.E.2d 887 , 896 n.11 (2005) (“‘The Allen charge, often called the “dynamite charge,” is a supplemental instruction given to encourage deadlocked juries to reach agreement.’ Franklin D. | 8 | 2010–2025 |
Allen v. United States
green
2 sentences2025Va. 450 , 459 n.11, 624 S.E.2d 887 , 896 n.11 (2005): “‘The Allen charge . . . is a supplemental instruction given to encourage deadlocked juries to reach agreement.’ The name for this particular instruction originated from the case of Allen v. United States, 164 U. S. 492 , 17 S. Ct. 154 , 41 L.Ed. 528 (1896).” (citation omitted). 7 part, State v. Farmer, 200 W. 2025Va. 450 , 459 n.11, 624 S.E.2d 887 , 896 n.11 (2005): “‘The Allen charge . . . is a supplemental instruction given to encourage deadlocked juries to reach agreement.’ The name for this particular instruction originated from the case of Allen v. United States, 164 U. S. 492 , 17 S. Ct. 154 , 41 L.Ed. 528 (1896).” (citation omitted). 7 part, State v. Farmer, 200 W. | 1 | 2025–2025 |
State v. Farmer
green
2 sentences2025Va. 450 , 459 n.11, 624 S.E.2d 887 , 896 n.11 (2005): “‘The Allen charge . . . is a supplemental instruction given to encourage deadlocked juries to reach agreement.’ The name for this particular instruction originated from the case of Allen v. United States, 164 U. S. 492 , 17 S. Ct. 154 , 41 L.Ed. 528 (1896).” (citation omitted). 7 part, State v. Farmer, 200 W. 2025Va. 507 , 490 S.E.2d 326 (1997). | 1 | 2025–2025 |
United States v. Willie Decoster, Jr.
green
1 sentence1987Accordingly, the record is remanded for a supplemental hearing on counsel’s preparation, ... 487 F.2d at 1201 . | 1 | 1987–1987 |
State v. Johnson
green
2 sentences1987In Syllabus Point 2 of State v. Johnson, 168 W.Va. 45 , 282 S.E.2d 609 (1981), we held: Where a jury has reported that it is unable to agree and the trial court addresses the jury urging a verdict, but does not use language the effect of which would be to cause the minority to yield its views for the purpose of reaching a verdict, the trial court’s remarks will not constitute reversible error. 1987In Syllabus Point 2 of State v. Johnson, 168 W.Va. 45 , 282 S.E.2d 609 (1981), we held: Where a jury has reported that it is unable to agree and the trial court addresses the jury urging a verdict, but does not use language the effect of which would be to cause the minority to yield its views for the purpose of reaching a verdict, the trial court’s remarks will not constitute reversible error. | 1 | 1987–1987 |
State v. Lindsey
green
2 sentences1981In reliance upon State v. Lindsey, 160 W.Va. 284 , 233 S.E.2d 734 (1977), the appellant claims that the trial court has a mandatory duty to submit in writing to counsel for both parties all instructions to be given to the jury. 1981In reliance upon State v. Lindsey, 160 W.Va. 284 , 233 S.E.2d 734 (1977), the appellant claims that the trial court has a mandatory duty to submit in writing to counsel for both parties all instructions to be given to the jury. | 1 | 1981–1981 |
State v. Harlow
green
2 sentences1973State v. Harlow, 137 W.Va. 251 , 71 S.E.2d 330 (1952); State v. Cobb, 122 W.Va. 97 , 7 S.E.2d 443 (1940); State v. DeBoard, 119 W.Va. 396 , 194 S.E. 349 (1937). 1973State v. Harlow, 137 W.Va. 251 , 71 S.E.2d 330 (1952); State v. Cobb, 122 W.Va. 97 , 7 S.E.2d 443 (1940); State v. DeBoard, 119 W.Va. 396 , 194 S.E. 349 (1937). | 1 | 1973–1973 |
State v. Cobb
green
2 sentences1973State v. Harlow, 137 W.Va. 251 , 71 S.E.2d 330 (1952); State v. Cobb, 122 W.Va. 97 , 7 S.E.2d 443 (1940); State v. DeBoard, 119 W.Va. 396 , 194 S.E. 349 (1937). 1973State v. Harlow, 137 W.Va. 251 , 71 S.E.2d 330 (1952); State v. Cobb, 122 W.Va. 97 , 7 S.E.2d 443 (1940); State v. DeBoard, 119 W.Va. 396 , 194 S.E. 349 (1937). | 1 | 1973–1973 |
State v. Deboard
green
2 sentences1973State v. Harlow, 137 W.Va. 251 , 71 S.E.2d 330 (1952); State v. Cobb, 122 W.Va. 97 , 7 S.E.2d 443 (1940); State v. DeBoard, 119 W.Va. 396 , 194 S.E. 349 (1937). 1973State v. Harlow, 137 W.Va. 251 , 71 S.E.2d 330 (1952); State v. Cobb, 122 W.Va. 97 , 7 S.E.2d 443 (1940); State v. DeBoard, 119 W.Va. 396 , 194 S.E. 349 (1937). | 1 | 1973–1973 |
State v. Comp. Com.
neutral
1 sentence1931We have held that a supplemental claim must be supported by “an aggravated condition of the old injury not taken into account on the former finding, or a new claim growing out of the same,” Murasky v. Commissioner, 109 W. | 1 | 1931–1931 |
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.