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12 West Virginia opinions name it 2 courts 1873–2023 2 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 |
|---|---|---|
Loar v. Masseygreen2 sentences2023However, Ethel G. did not object to the hearing taking place, did not seek a continuance, did not object to the manner in which the hearing was conducted, and did not object to being served on the record. “[O]bjections . . . must be made in the lower court to preserve such issues for appeal.” Loar v. Massey, 164 W.Va. 155, 159 , 261 S.E.2d 83, 86 (1979). 2023However, Ethel G. did not object to the hearing taking place, did not seek a continuance, did not object to the manner in which the hearing was conducted, and did not object to being served on the record. “[O]bjections . . . must be made in the lower court to preserve such issues for appeal.” Loar v. Massey, 164 W.Va. 155, 159 , 261 S.E.2d 83, 86 (1979). | 1 | 1 |
Giles v. Californiagreen2 sentences2021The Giles Court went on to determine that intent is an element that must be shown for the forfeiture rule to apply: “The manner in which the rule 7 was applied makes plain that unconfronted testimony would not be admitted without a showing that the defendant intended to prevent a witness from testifying.” Id. at 361 (some emphasis added). 3 Because the state courts failed to consider the defendant’s intent, finding it “irrelevant to the application of the forfeiture doctrine[,]” the Supreme Court reversed and remanded the case for further proceedings. 2021Id. at 377 . | 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. Yates
green
2 sentences1979State v. Yates, 174 Conn. 16 , 381 A.2d *809 536 (1977), after citing Estelle went on to state: "The logical extension of that principle applies to incarcerated witnesses who are required to testify while dressed in prison attire. [Footnote omitted] In the minds of the jurors the credibility of such witnesses can be affected in the same manner as the presumption of innocence can be diminished by the defendant's appearance in prison garb. . . ." [ 174 Conn. at 19 , 381 A.2d at 537 ] It seems apparent, however, that Yates did not elevate the defendant's right to have his witness appear in civili 1979State v. Yates, 174 Conn. 16 , 381 A.2d *809 536 (1977), after citing Estelle went on to state: "The logical extension of that principle applies to incarcerated witnesses who are required to testify while dressed in prison attire. [Footnote omitted] In the minds of the jurors the credibility of such witnesses can be affected in the same manner as the presumption of innocence can be diminished by the defendant's appearance in prison garb. . . ." [ 174 Conn. at 19 , 381 A.2d at 537 ] It seems apparent, however, that Yates did not elevate the defendant's right to have his witness appear in civili | 2 | 1979–1979 |
Riley v. Blacker
green
2 sentences1927In discussing the changes in conditions that constitute laches, it is said in a well considered opinion: "What constitutes a material change of condition has been the subject of much judicial discussion and some judicial dissension; but whatever doubt there may be as to other circumstances, it never has been questioned, to our knowledge, that the death of one of the parties to the transaction is such change." Riley v. Blackner , 51 Mont. 364 (371). 1927In discussing the changes in conditions that constitute laches, it is said in a well considered opinion: “What constitutes a material change of condition has been the subject of much judicial discussion and some judicial dissension; but whatever doubt there may be as to other circumstances, it never has 'been questioned, to our knowledge, that the death of one of the parties to the transaction is such change.” Riley v. Blackner, 51 Mont. 364 (371). | 2 | 1927–1927 |
State v. Miller
green
1 sentence2019Va. at 6, 459 S.E.2d at 117. 4 “[T]he doctrines of res judicata, or claim preclusion, and collateral estoppel, or issue preclusion, are closely related.” State v. Miller, 194 W. | 1 | 2019–2019 |
Hinchman v. Gillette
green
2 sentences2006At the outset of our review of the circuit court’s dismissal order in Hinchman , this Court recognized that W.Va.Code § 55-7B-6 was a new statutory provision that had not been previously addressed. 217 W.Va. at 384 , 618 S.E.2d at 393 . 2006At the outset of our review of the circuit court’s dismissal order in Hinchman , this Court recognized that W.Va.Code § 55-7B-6 was a new statutory provision that had not been previously addressed. 217 W.Va. at 384 , 618 S.E.2d at 393 . | 1 | 2006–2006 |
United States v. Lamont S. Carter, United States of America v. Jerome R. Patterson, United States of America v. Jerome R. Patterson
green
2 sentences1979In United States v. Carter, 173 U.S. App. D.C. 54 , 522 F.2d 666 (1975), the defendant objected to his co-conspirator being dressed in prison attire, and the court indicated that this could have a prejudicial impact on the defendant’s case. 1979In United States v. Carter, 173 U.S. App. D.C. 54 , 522 F.2d 666 (1975), the defendant objected to his co-conspirator being dressed in prison attire, and the court indicated that this could have a prejudicial impact on the defendant’s case. | 1 | 1979–1979 |
Boone v. Boone
green
1 sentence1975Boone v. Boone, 123 W. | 1 | 1975–1975 |
Prince v. Compensation Commissioner
green
2 sentences1946Commr., supra, this Court had the same question before it in three cases, and the manner in which the principle was treated in those cases is set forth in the following *455 quotations from the opinions therein: “* * Before such violation can be asserted as a bar to benefits under the Compensation Law, it must be shown that the employee had actual notice thereof and disregarded the same.” Prince v. Compensation Commissioner, 123 W. 1946Va. 67, 69 , 13 S.E. 2d 396 . | 1 | 1946–1946 |
Chapman v. County Court of Wayne County
neutral
1 sentence1935“No formality in the manner in which the claim shall be presented to the court is required.” Chapman v. County Court, 27 W. | 1 | 1935–1935 |
Ex parte Winnard
neutral
1 sentence1873For these reasons, and upon the authority of Dunbar’s Exors v. Woodcock’s Exor, 10 Leigh, 628 , and Cock’s Adm. v. Gilpin, 1 Rob., 20 , I am led to the opinion that the decree at the December term, 1869, was interlocutory, and can be regarded only “as an expression of opinion on the part of the court, as to what ought to be done with the outstanding debts, as a declaration or settlement of one of the principles of the case, leaving for adjudication, in some future stage of the cause, the manner in which that principle should be carried out.” ( 1 Rob., 51 .) I am, therefore, of opinion that the | 1 | 1873–1873 |
Littell v. Marshall
neutral
1 sentence1873For these reasons, and upon the authority of Dunbar’s Exors v. Woodcock’s Exor, 10 Leigh, 628 , and Cock’s Adm. v. Gilpin, 1 Rob., 20 , I am led to the opinion that the decree at the December term, 1869, was interlocutory, and can be regarded only “as an expression of opinion on the part of the court, as to what ought to be done with the outstanding debts, as a declaration or settlement of one of the principles of the case, leaving for adjudication, in some future stage of the cause, the manner in which that principle should be carried out.” ( 1 Rob., 51 .) I am, therefore, of opinion that the | 1 | 1873–1873 |
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.