giving of the erroneous instruction (West Virginia) · Go Syfert
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giving of the erroneous instruction in West Virginia

13 West Virginia opinions name it 1 courts 1986–2024 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.

Followed or applied (4)

CaseFollowedCited
State v. Hutchinsongreen
wva · 1986 · cited in 10 West Virginia opinions naming this issue, 1988–2024
2 sentences

2021Also, plain error is not typically recognized in the giving of an erroneous instruction, “even of constitutional magnitude, where the giving of the erroneous instruction did not substantially impair the truth-finding function of the trial court.” State v. Hutchinson, 176 W.

2018Further, this Court does not ordinarily recognize plain error in the giving of an erroneous instruction, “even of constitutional magnitude, where the giving of the erroneous instruction did not substantially impair the truth-finding function of the trial.” State v. Hutchinson, 176 W.Va. 172 , 342 S.E.2d 138 (1986).

210
State v. Armstronggreen
wva · 1988 · cited in 1 West Virginia opinions naming this issue, 1989–1989
2 sentences

1989State v. Armstrong, ___ W.Va. ___, 369 S.E.2d 870, 880-81 (1988) (citing Syl.Pt. 2, State v. Hutchinson, ___ W.Va. ___, 342 S.E.2d 138, 139 (1986)); See also Syl.Pt. 18, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445, 449 (1974).

1989State v. Armstrong, 179 W.Va. 435 , 369 S.E.2d 870, 880-81 (1988) (citing Syl.Pt. 2, State v. Hutchinson, 176 W.Va. 172 , 342 S.E.2d 138, 139 (1986)); See also Syl.Pt. 18, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445, 449 (1974).

11
State v. Thomasgreen
wva · 1974 · cited in 1 West Virginia opinions naming this issue, 1989–1989
2 sentences

1989State v. Armstrong, ___ W.Va. ___, 369 S.E.2d 870, 880-81 (1988) (citing Syl.Pt. 2, State v. Hutchinson, ___ W.Va. ___, 342 S.E.2d 138, 139 (1986)); See also Syl.Pt. 18, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445, 449 (1974).

1989State v. Armstrong, ___ W.Va. ___, 369 S.E.2d 870, 880-81 (1988) (citing Syl.Pt. 2, State v. Hutchinson, ___ W.Va. ___, 342 S.E.2d 138, 139 (1986)); See also Syl.Pt. 18, State v. Thomas, 157 W.Va. 640 , 203 S.E.2d 445, 449 (1974).

11
State v. Hamrickgreen
wva · 1977 · cited in 1 West Virginia opinions naming this issue, 1986–1986
2 sentences

1986See State v. Hamrick, 160 W.Va. 673, 675 , 236 S.E.2d 247, 248 (1977). *559 The appellant’s conviction of receiving stolen property is reversed, and this case is remanded to the Circuit Court of Wood County for further proceedings consistent with the principles set forth in this opinion.

1986See State v. Hamrick, 160 W.Va. 673, 675 , 236 S.E.2d 247, 248 (1977). *559 The appellant’s conviction of receiving stolen property is reversed, and this case is remanded to the Circuit Court of Wood County for further proceedings consistent with the principles set forth in this opinion.

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 (5)

CaseCitedYears
State v. Houdeyshell green
wva · 1985
1 sentence

2024“Although this Court may, under Rule 30 of the West Virginia Rules of Criminal Procedure, notice plain error in the giving of an erroneous instruction (in the absence of a proper and timely objection at trial), this Court will not ordinarily recognize plain error under such circumstances, even of constitutional magnitude, where the giving of the erroneous instruction did not substantially impair the truth-finding function of the trial.” Syllabus Point 2, State v. Hutchinson, 174 W.

12024–2024
State of West Virginia v. Brian E. Lyon, II green
wva · 2024
1 sentence

2024State v. Lyon, 250 W.

12024–2024
State v. LaRock green
wva · 1996
2 sentences

2004In syllabus point seven of State v. LaRock, 196 W.Va. 294 , 470 S.E.2d 613 (1996), this Court concisely described the appropriate usage of the plain error doctrine, as follows: An unpreserved error is deemed plain and affects substantial rights only if the reviewing court finds the lower court skewed the fundamental fairness or basic integrity of the proceedings in some major respect.

2004In syllabus point seven of State v. LaRock, 196 W.Va. 294 , 470 S.E.2d 613 (1996), this Court concisely described the appropriate usage of the plain error doctrine, as follows: An unpreserved error is deemed plain and affects substantial rights only if the reviewing court finds the lower court skewed the fundamental fairness or basic integrity of the proceedings in some major respect.

12004–2004
State v. Grubbs green
wva · 1987
2 sentences

1988We must, therefore, determine whether the error may be reviewed as “plain error” under Rule 30 of the Rules of Criminal Procedure. 4 We discussed the application of our plain error rule to infirm jury instructions in Syllabus Point 2 of State v. Hutchinson, 176 W.Va. 172 , 342 S.E.2d 138 (1986): “Although this Court may, under Rule 30 of the West Virginia Rules of Criminal Procedure, notice plain error in the giving of an erroneous instruction (in the absence of a proper and timely objection at trial), this Court will not ordinarily recognize plain error under such circumstances, even of const

1988We must, therefore, determine whether the error may be reviewed as “plain error” under Rule 30 of the Rules of Criminal Procedure. 4 We discussed the application of our plain error rule to infirm jury instructions in Syllabus Point 2 of State v. Hutchinson, 176 W.Va. 172 , 342 S.E.2d 138 (1986): “Although this Court may, under Rule 30 of the West Virginia Rules of Criminal Procedure, notice plain error in the giving of an erroneous instruction (in the absence of a proper and timely objection at trial), this Court will not ordinarily recognize plain error under such circumstances, even of const

11988–1988
State v. Hatala neutral
wva · 1986
2 sentences

1988We must, therefore, determine whether the error may be reviewed as “plain error” under Rule 30 of the Rules of Criminal Procedure. 4 We discussed the application of our plain error rule to infirm jury instructions in Syllabus Point 2 of State v. Hutchinson, 176 W.Va. 172 , 342 S.E.2d 138 (1986): “Although this Court may, under Rule 30 of the West Virginia Rules of Criminal Procedure, notice plain error in the giving of an erroneous instruction (in the absence of a proper and timely objection at trial), this Court will not ordinarily recognize plain error under such circumstances, even of const

1988We must, therefore, determine whether the error may be reviewed as “plain error” under Rule 30 of the Rules of Criminal Procedure. 4 We discussed the application of our plain error rule to infirm jury instructions in Syllabus Point 2 of State v. Hutchinson, 176 W.Va. 172 , 342 S.E.2d 138 (1986): “Although this Court may, under Rule 30 of the West Virginia Rules of Criminal Procedure, notice plain error in the giving of an erroneous instruction (in the absence of a proper and timely objection at trial), this Court will not ordinarily recognize plain error under such circumstances, even of const

11988–1988

Where else courts name it

WV 13 (1986–2024) CA 8 (1917–2022) IN 7 (1913–2003) FL 5 (1989–2017) WA 3 (1981–2004) VA 2 (1938–2024) ID 2 (1939–1939) MS 2 (1909–1929)

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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