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9 West Virginia opinions name it 1 courts 1933–2015 0 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 |
|---|---|---|
Steven O. Dale v. Anthony Cicconegreen2 sentences2015This Court previously has recognized that, under the DOT statute, it was required that Mr. Hill be “lawfully placed under arrest for an offense involving driving under the influence of alcohol[.]” Dale v. Ciccone, 233 W.Va. 652, 659 , 760 S.E.2d 466, 473 (2014) (internal quotation marks and citation omitted). 2015This Court previously has recognized that, under the DOT statute, it was required that Mr. Hill be “lawfully placed under arrest for an offense involving driving under the influence of alcohol[.]” Dale v. Ciccone, 233 W.Va. 652, 659 , 760 S.E.2d 466, 473 (2014) (internal quotation marks and citation omitted). | 1 | 2 |
State v. Allengreen2 sentences2002The State appealed to the higher court. [1] See also Syl. pt. 7, in part, State v. Redden, 199 W.Va. 660 , 487 S.E.2d 318 (1997) ("In a circuit court proceeding, was a criminal defendant's jury trial waiver is personal, knowing, intelligent, and voluntary as reflected in an on-the-record statement in open court, the failure to obtain a written waiver signed by the defendant does not in itself make the jury trial waiver invalid, despite the technical `writing' requirement of Rule 23(a) of the West Virginia Rules of Criminal Procedure."). [2] W.Va.Code § 17C-5A-2(p) (2000) (Repl.Vol.) obligates 2002The State appealed to the higher court. [1] See also Syl. pt. 7, in part, State v. Redden, 199 W.Va. 660 , 487 S.E.2d 318 (1997) ("In a circuit court proceeding, was a criminal defendant's jury trial waiver is personal, knowing, intelligent, and voluntary as reflected in an on-the-record statement in open court, the failure to obtain a written waiver signed by the defendant does not in itself make the jury trial waiver invalid, despite the technical `writing' requirement of Rule 23(a) of the West Virginia Rules of Criminal Procedure."). [2] W.Va.Code § 17C-5A-2(p) (2000) (Repl.Vol.) obligates | 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 |
|---|---|---|
Carte v. Cline
green
1 sentence2014In Carte, law enforcement officers first saw the driver suspected of DUI parked at a stop light. 200 W.Va. at 163-64 , 488 S.E.2d 438 -39. | 1 | 2014–2014 |
Parks v. BD. OF REVIEW OF W. VA. DES
green
1 sentence2014Va. Code, 21A-7-1 (1936).” Parks, 188 W. | 1 | 2014–2014 |
Terry v. Ohio
green
2 sentences2009First, the hearing examiner must find that the “arresting law-enforcement officer had reasonable grounds to believe the person to have been driving while under the influence of alcohol____” Second, the hearing examiner must make findings “whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol ... or was lawfully taken into custody for the purpose of administering a secondary test.” Third, the hearing examiner must make findings “whether the tests, if any, were administered in accordance with the [relevant law].” As we have found, sup 2009First, the hearing examiner must find that the “arresting law-enforcement officer had reasonable grounds to believe the person to have been driving while under the influence of alcohol____” Second, the hearing examiner must make findings “whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol ... or was lawfully taken into custody for the purpose of administering a secondary test.” Third, the hearing examiner must make findings “whether the tests, if any, were administered in accordance with the [relevant law].” As we have found, sup | 1 | 2009–2009 |
State v. Redden
green
2 sentences2002The State appealed to the higher court. [1] See also Syl. pt. 7, in part, State v. Redden, 199 W.Va. 660 , 487 S.E.2d 318 (1997) ("In a circuit court proceeding, was a criminal defendant's jury trial waiver is personal, knowing, intelligent, and voluntary as reflected in an on-the-record statement in open court, the failure to obtain a written waiver signed by the defendant does not in itself make the jury trial waiver invalid, despite the technical `writing' requirement of Rule 23(a) of the West Virginia Rules of Criminal Procedure."). [2] W.Va.Code § 17C-5A-2(p) (2000) (Repl.Vol.) obligates 2002The State appealed to the higher court. [1] See also Syl. pt. 7, in part, State v. Redden, 199 W.Va. 660 , 487 S.E.2d 318 (1997) ("In a circuit court proceeding, was a criminal defendant's jury trial waiver is personal, knowing, intelligent, and voluntary as reflected in an on-the-record statement in open court, the failure to obtain a written waiver signed by the defendant does not in itself make the jury trial waiver invalid, despite the technical `writing' requirement of Rule 23(a) of the West Virginia Rules of Criminal Procedure."). [2] W.Va.Code § 17C-5A-2(p) (2000) (Repl.Vol.) obligates | 1 | 2002–2002 |
Mitchell v. State Workmen's Compensation
green
1 sentence1979II The claimant's widow further contends that the Commissioner was in error in applying the provisions of W.Va.Code, 23-4-1c, when he entered his order on October 20, 1977, retroactively terminating the temporary total disability benefits as of April 1, 1976. [3] The question of the termination of temporary total disability benefits was discussed at length in our recent decision in Mitchell v. State Workmen's Compensation Commissioner, W.Va., 256 S.E.2d 1 (1979). | 1 | 1979–1979 |
Bell v. State Compensation Commissioner
neutral
1 sentence1942Bell v. Commissioner, 113 W. | 1 | 1942–1942 |
Calloway v. State Compensation Commissioner
neutral
1 sentence1933He did not experience any pain at the time he was supposed to have injured himself, and went on and finished the day’s work and worked the next day, laid off two or three days, back to work and worked over a year,’ it is therefore ordered stricken from the order heretofore entered herein and the Commissioner upon a further consideration of the awards heretofore made herein and the evidence adduced at the hearing, and the evidence showing that there was no report of injury or application for compensation filed within six months, as required by law, and the commissioner declining to exercise the | 1 | 1933–1933 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.