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8 West Virginia opinions name it 1 courts 1940–2026 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 |
|---|---|---|
Michigan v. Bryantgreen1 sentence2026“In the end, the question is whether, in light of all the circumstances, viewed objectively, the ‘primary purpose’ of the conversation was to ‘creat[e] an out-of-court substitute for trial testimony.’” Ohio v. Clark, 576 U.S. 237, 245 (2015) (quoting Bryant, 562 U.S. at 358). | 1 | 1 |
Ohio v. Clarkgreen1 sentence2026“In the end, the question is whether, in light of all the circumstances, viewed objectively, the ‘primary purpose’ of the conversation was to ‘creat[e] an out-of-court substitute for trial testimony.’” Ohio v. Clark, 576 U.S. 237, 245 (2015) (quoting Bryant, 562 U.S. at 358). | 1 | 1 |
Haley v. Ohiogreen2 sentences1995See Haley v. Ohio, 332 U.S. 596, 599-600 , 68 S.Ct. 302, 303-04 , 92 L.Ed. 224 , 228-29 (1948); Gallegos v. Colorado, 370 U.S. 49, 54-55 , 82 S.Ct. 1209, 1212-13 , 8 L.Ed.2d 325, 328-29 (1962). 1995See Haley v. Ohio, 332 U.S. 596, 599-600 , 68 S.Ct. 302, 303-04 , 92 L.Ed. 224 , 228-29 (1948); Gallegos v. Colorado, 370 U.S. 49, 54-55 , 82 S.Ct. 1209, 1212-13 , 8 L.Ed.2d 325, 328-29 (1962). | 1 | 1 |
Gallegos v. Coloradogreen2 sentences1995See Haley v. Ohio, 332 U.S. 596, 599-600 , 68 S.Ct. 302, 303-04 , 92 L.Ed. 224 , 228-29 (1948); Gallegos v. Colorado, 370 U.S. 49, 54-55 , 82 S.Ct. 1209, 1212-13 , 8 L.Ed.2d 325, 328-29 (1962). 1995See Haley v. Ohio, 332 U.S. 596, 599-600 , 68 S.Ct. 302, 303-04 , 92 L.Ed. 224 , 228-29 (1948); Gallegos v. Colorado, 370 U.S. 49, 54-55 , 82 S.Ct. 1209, 1212-13 , 8 L.Ed.2d 325, 328-29 (1962). | 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 |
|---|---|---|
Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership
green
1 sentence2003The circumstances of the error were obviously within counsel’s control, but their noncom-munication and resulting inaction amounts only to an “omission[ ] caused by carelessness.” See [Pioneer], at 388, 113 S.Ct. at 1495 . | 1 | 2003–2003 |
Orr v. Crowder
green
2 sentences1993In Orr v. Crowder, 173 W.Va. 335 , 315 S.E.2d 593 (1983), cert. denied, 469 U.S. 981 , 105 S.Ct. 384 , 83 L.Ed.2d 319 (1984), this Court analyzed the circumstances which a trial court should analyze in determining whether there is sufficient evidence to support a jury’s verdict. 1993In Orr v. Crowder, 173 W.Va. 335 , 315 S.E.2d 593 (1983), cert. denied, 469 U.S. 981 , 105 S.Ct. 384 , 83 L.Ed.2d 319 (1984), this Court analyzed the circumstances which a trial court should analyze in determining whether there is sufficient evidence to support a jury’s verdict. | 1 | 1993–1993 |
Beaufort Gazette v. DeLoach
green
1 sentence1993In Orr v. Crowder, 173 W.Va. 335 , 315 S.E.2d 593 (1983), cert. denied, 469 U.S. 981 , 105 S.Ct. 384 , 83 L.Ed.2d 319 (1984), this Court analyzed the circumstances which a trial court should analyze in determining whether there is sufficient evidence to support a jury’s verdict. | 1 | 1993–1993 |
Williams v. Coughlin
green
1 sentence1993In Orr v. Crowder, 173 W.Va. 335 , 315 S.E.2d 593 (1983), cert. denied, 469 U.S. 981 , 105 S.Ct. 384 , 83 L.Ed.2d 319 (1984), this Court analyzed the circumstances which a trial court should analyze in determining whether there is sufficient evidence to support a jury’s verdict. | 1 | 1993–1993 |
Crowder v. Orr
green
1 sentence1993In Orr v. Crowder, 173 W.Va. 335 , 315 S.E.2d 593 (1983), cert. denied, 469 U.S. 981 , 105 S.Ct. 384 , 83 L.Ed.2d 319 (1984), this Court analyzed the circumstances which a trial court should analyze in determining whether there is sufficient evidence to support a jury’s verdict. | 1 | 1993–1993 |
Illinois v. Gates
green
2 sentences1986We recognized that in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), the United States Supreme Court had altered its previous two-pronged standard 2 by adopting a more liberal totality of the circumstances test. 1986We recognized that in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), the United States Supreme Court had altered its previous two-pronged standard 2 by adopting a more liberal totality of the circumstances test. | 1 | 1986–1986 |
Johnson v. Zerbst
green
2 sentences1980Under Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938), the State carries the heavy burden of proving “an intentional relinquishment or abandonment of a known right,” and it is clear that the State cannot measure up to that standard in this instance. 3 Reviewing the circumstances of the waiver we easily reach the conclusion that the waiver was coerced. 1980Under Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938), the State carries the heavy burden of proving “an intentional relinquishment or abandonment of a known right,” and it is clear that the State cannot measure up to that standard in this instance. 3 Reviewing the circumstances of the waiver we easily reach the conclusion that the waiver was coerced. | 1 | 1980–1980 |
Lieberman v. Lieberman
green
1 sentence1968Lieberman v. Lieberman, 142 W. | 1 | 1968–1968 |
State v. John
green
1 sentence1940State v. John, 103 W. | 1 | 1940–1940 |
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.