9 West Virginia opinions name it 1 courts 1961–2023 1 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 |
|---|---|---|
In Re Russellgreen2 sentences1988Id. at 538-41. 3 In In re Russell, 12 Cal.3d 229 , 524 P.2d 1295 , 115 Cal.Rptr. 511 (1974), however, the Supreme Court of California concluded that the discharge of an accused on the ground that he was not present in the demanding state at the time of the alleged offense did not bar a subsequent extradition proceeding. 1988Id. at 538-41. 3 In In re Russell, 12 Cal.3d 229 , 524 P.2d 1295 , 115 Cal.Rptr. 511 (1974), however, the Supreme Court of California concluded that the discharge of an accused on the ground that he was not present in the demanding state at the time of the alleged offense did not bar a subsequent extradition proceeding. | 1 | 1 |
Louk v. Haynesgreen2 sentences1977The claimed violation of constitutional rights ought not to be denied merely by considering probation as "a matter of grace." We have, in Louk v. Haynes, W.Va., 223 S.E.2d 780, 787 (1976), abandoned the notion that characterizing probation as an act of grace insulates it from further inquiry. 1977The claimed violation of constitutional rights ought not to be denied merely by considering probation as “a matter of grace.” We have, in Louk v. Haynes, W.Va., 223 S.E.2d 780, 787 (1976), abandoned the notion that characterizing probation as an act of grace insulates it from further inquiry. | 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 |
|---|---|---|
Frantz v. Palmer
green
1 sentence2023Here, the Legislature removed the “of another” language without substituting another descriptor which would maintain the nature of the crime—further evidence of the unintended nature of the omission. 7 some may stand and others will fall; and if, when the unconstitutional portion of the statute is rejected, the remaining portion reflects the legislative will, is complete in itself, is capable of being executed independently of the rejected portion, and in all other respects is valid, such remaining portion will be upheld and sustained.” Frantz v. Palmer, 211 W. | 1 | 2023–2023 |
State v. Gill
green
2 sentences2017This Court addressed doublé jeopardy protections under the federal constitution in Syllabus Point 1 of State v. Gill, 187 W.Va. 136 , 416 S.E.2d 253 (1992): The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution consists of three separate constitutional protections. 2017This Court addressed doublé jeopardy protections under the federal constitution in Syllabus Point 1 of State v. Gill, 187 W.Va. 136 , 416 S.E.2d 253 (1992): The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution consists of three separate constitutional protections. | 1 | 2017–2017 |
Beebe v. Nelson
green
1 sentence2009The conviction was overturned on appeal. 3 On retrial, the defendant was “charged with separate rather than alternative murder charges of felony murder and aiding and abetting first degree murder,” and the jury found him “guilty on both charges.” Beebe, 37 F.Supp.2d at 1307 . 4 On appeal, the defendant argued that the jury’s silence on the charge of felony murder in his first trial amounted to an implied acquittal, rendering the second jury’s consideration of the same offense a violation of double jeopardy. | 1 | 2009–2009 |
State v. Day
green
1 sentence2008Id. at 1047 . | 1 | 2008–2008 |
State v. Rogers
green
2 sentences2002Relying upon this Court’s recent decision in State v. Rogers, 209 W.Va. 348 , 547 S.E.2d 910 (2001), the appellant argues that her convictions for both larceny by fraudulent scheme and larceny by embezzlement arising out of the same act or transaction constitute multiple punishments for the same offense in violation of the double jeopardy clause. 2002Relying upon this Court’s recent decision in State v. Rogers, 209 W.Va. 348 , 547 S.E.2d 910 (2001), the appellant argues that her convictions for both larceny by fraudulent scheme and larceny by embezzlement arising out of the same act or transaction constitute multiple punishments for the same offense in violation of the double jeopardy clause. | 1 | 2002–2002 |
State v. McGraw
green
2 sentences1980Dowdy can only be viewed as having considered the street address as an integral element of the offense under the rule of State v. McGraw, 140 W.Va. 547 , 85 S.E.2d 849 (1955), which it cited. 17 In the present case, it is clear from the record that the motion for mistrial was not based on the ground that the State had failed to prove a prima facie case. 1980Dowdy can only be viewed as having considered the street address as an integral element of the offense under the rule of State v. McGraw, 140 W.Va. 547 , 85 S.E.2d 849 (1955), which it cited. 17 In the present case, it is clear from the record that the motion for mistrial was not based on the ground that the State had failed to prove a prima facie case. | 1 | 1980–1980 |
State v. Shelton
green
1 sentence1961State v. Shelton, 116 W. | 1 | 1961–1961 |
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.