10 West Virginia opinions name it 2 courts 1996–2024 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 |
|---|---|---|
Russell v. Webster Springs National Bankgreen2 sentences2015Thus, the notice of trustee’s sale satisfied the precise purpose this Court announced in Syllabus Point 2 of Russell v. Webster Springs National Bank, 164 W.Va. 708, 708 , 265 S.E.2d 762, 762 (1980): The object of a notice of a trustee’s sale is to secure bidders by informing the public of the nature and condition of the property to be sold, and of the time, place and terms of sale so as to prevent a sacrifice of the property. 2015Thus, the notice of trustee’s sale satisfied the precise purpose this Court announced in Syllabus Point 2 of Russell v. Webster Springs National Bank, 164 W.Va. 708, 708 , 265 S.E.2d 762, 762 (1980): The object of a notice of a trustee’s sale is to secure bidders by informing the public of the nature and condition of the property to be sold, and of the time, place and terms of sale so as to prevent a sacrifice of the property. | 1 | 1 |
Wolfe v. Forbesgreen2 sentences2014See Wolfe, 159 W.Va. at 35 , 217 S.E.2d at 900 , syl. pt. 5. . 2014See Wolfe, 159 W.Va. at 35 , 217 S.E.2d at 900 , syl. pt. 5. . | 1 | 1 |
State v. Hadengreen2 sentences2013It makes no sense any other way[.]” See State v. Haden, 213 W.Va. 285, 288 , 582 S.E.2d 732, 735 (2003) ("We also agree *713 with the determination made in the trial court’s order denying the motion for a new trial, wherein the court found that 'the change of date on the Indictment was merely to correct a typographical error[.]’ ”). 2013It makes no sense any other way[.]” See State v. Haden, 213 W.Va. 285, 288 , 582 S.E.2d 732, 735 (2003) ("We also agree *713 with the determination made in the trial court’s order denying the motion for a new trial, wherein the court found that 'the change of date on the Indictment was merely to correct a typographical error[.]’ ”). | 1 | 1 |
State v. Johnsongreen2 sentences2011Moreover, in State v. Johnson, 197 W.Va. 575, 581-582 , 476 S.E.2d 522, 528-529 (1996), this Court explained that “[w]hether the difference between the indictment and proof adduced at trial is merely a variance or whether the difference is an actual or a constructive amendment of the indictment will have to be determined on a ease-by-ease basis.” While an indictment was returned naming “Vicki Page” as the victim instead of the correct spelling of “Vickie Page,” this does not rise to a level of reversible error. 6 This was a typographical error that did not affect the substance of the allegatio 2011Moreover, in State v. Johnson, 197 W.Va. 575, 581-582 , 476 S.E.2d 522, 528-529 (1996), this Court explained that “[w]hether the difference between the indictment and proof adduced at trial is merely a variance or whether the difference is an actual or a constructive amendment of the indictment will have to be determined on a ease-by-ease basis.” While an indictment was returned naming “Vicki Page” as the victim instead of the correct spelling of “Vickie Page,” this does not rise to a level of reversible error. 6 This was a typographical error that did not affect the substance of the allegatio | 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 |
|---|---|---|
In Re Queen
green
1 sentence2024Va. 442 , 473 S.E.2d 483 (1996). 3 We presume R.G. to be a typographical error as there is no patient identified as R.G. elsewhere in the Decision as the other thirteen patients have been consistently identified. 4 This statute was repealed on February 8, 2024, and replaced by West Virginia Code § 16B-2-2 (2024); however, the judicial review procedure remains substantively unchanged. | 1 | 2024–2024 |
State of West Virginia v. Ethan Chic-Colbert
green
1 sentence2023Id. | 1 | 2023–2023 |
Illinois v. Gates
green
1 sentence2020We also find no merit to petitioner’s argument that the affidavit lacks information to demonstrate the basis of the CI’s knowledge. [U]nder the totality of the circumstances announced in [Illinois v. Gates, 462 U.S. 213 (1983)], “veracity” and “basis of knowledge” are no longer viewed as independent prerequisites to a finding of probable cause: “[A] deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong 6 showing as to the other, or by some other indicia of reliability” such as corroborating evidence gathered by law enforcement. | 1 | 2020–2020 |
David Ballard, Warden v. Steve Lee Dilworth
green
2 sentences2013In Ballard v. Dilworth, 230 W.Va. 449 , 739 S.E.2d 643 (2013), we explained that our prior ease law instructs us that “ ‘[a]n indictment is sufficient under Article III, § 14 of the West Virginia Constitution 17 and W.Va.R.Crim.P. 7(c)(1) if it (1) states the elements of the offense charged; (2) puts a defendant on fair notice of the charge against which he or she must defend; and (3) enables a defendant to assert an acquittal or conviction in order to prevent being placed twice in jeopardy.’ Syl. 2013In Ballard v. Dilworth, 230 W.Va. 449 , 739 S.E.2d 643 (2013), we explained that our prior ease law instructs us that “ ‘[a]n indictment is sufficient under Article III, § 14 of the West Virginia Constitution 17 and W.Va.R.Crim.P. 7(c)(1) if it (1) states the elements of the offense charged; (2) puts a defendant on fair notice of the charge against which he or she must defend; and (3) enables a defendant to assert an acquittal or conviction in order to prevent being placed twice in jeopardy.’ Syl. | 1 | 2013–2013 |
Harrison Rural Electrification Ass'n v. Public Service Commission
green
2 sentences2002As this Court noted in Harrison Rural Electrification Association, Inc. v. Public Service Commission, 190 W.Va. 439 , 438 S.E.2d 782 (1993), an administrative law judge presents only a recommendation to the PSC. 190 W.Va. at 444, 438 S.E.2d at 787. 2002As this Court noted in Harrison Rural Electrification Association, Inc. v. Public Service Commission, 190 W.Va. 439 , 438 S.E.2d 782 (1993), an administrative law judge presents only a recommendation to the PSC. 190 W.Va. at 444, 438 S.E.2d at 787. | 1 | 2002–2002 |
Brown v. Gobble
green
2 sentences1996We believe this is a typographical error and, even if it is not, it is an error of no consequence since we are obligated to review this issue de novo. "[Cjircuit courts have heavy workloads ... [and] appellate tribunals should not stand unduly on ceremony or technicalities but, rather should fill in the blanks in the circuit court's account when the record and circumstances permit that to be done without short-changing the parties.” Brown v. Gobble, 196 W. 1996Va. 559 , 570 n. 18, 474 S.E.2d 489 , 500 n. 18 (1996). 15 . | 1 | 1996–1996 |
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.