circuit court committed clear error (West Virginia) · Go Syfert
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circuit court committed clear error in West Virginia

7 West Virginia opinions name it 1 courts 2015–2022 3 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.

Followed or applied (3)

CaseFollowedCited
State Ex Rel. Amy M. v. Kaufmangreen
wva · 1996 · cited in 1 West Virginia opinions naming this issue, 2021–2021
1 sentence

2021Va. 251, 260 , 470 S.E.2d 205, 214 (1996). 14 Based on all of the foregoing, we find that the circuit court committed clear error (a) when it allowed A.G. to participate in an improvement period without filing a written motion for an improvement period and (b) when it allowed A.G.’s improvement period to continue for a period of time that far exceeded statutory limits and without making necessary statutory findings.

11
State ex rel. Farmer v. Trentgreen
wva · 2001 · cited in 1 West Virginia opinions naming this issue, 2015–2015
2 sentences

2015We have previously found that “[t]he burden of proving that a plea was involuntarily made rests upon the pleader.” State ex rel Farmer v. Trent, 209 W.Va. 789, 794 , 551 S.E.2d 711, 716 (2001) (quoting Syl.

2015We have previously found that “[t]he burden of proving that a plea was involuntarily made rests upon the pleader.” State ex rel Farmer v. Trent, 209 W.Va. 789, 794 , 551 S.E.2d 711, 716 (2001) (quoting Syl.

11
State v. Lewisgreen
wva · 1992 · cited in 1 West Virginia opinions naming this issue, 2015–2015
2 sentences

2015See Lewis, 188 W.Va. at 89 , 422 S.E.2d at 811 (“[T]he State’s right to an appeal in a criminal case is contained in W.Va.Code, 58-5-30, and is confined to those cases where an indictment is held bad or insufficient by. the judgment or order of the circuit court[.]” (internal quotation marks omitted)). - The third Hoover factor, which involves the determination of whether the circuit court committed clear error as a matter of law, weighs in favor of granting the writ in the present case.

2015See Lewis, 188 W.Va. at 89 , 422 S.E.2d at 811 (“[T]he State’s right to an appeal in a criminal case is contained in W.Va.Code, 58-5-30, and is confined to those cases where an indictment is held bad or insufficient by. the judgment or order of the circuit court[.]” (internal quotation marks omitted)). - The third Hoover factor, which involves the determination of whether the circuit court committed clear error as a matter of law, weighs in favor of granting the writ in the present case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Doe v. Wal-Mart Stores, Inc. green
wva · 2001
2 sentences

2022West Virginia Code § 55-7-13d(a)(2) provides that “[f]ault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty . . . .” To the extent that Syllabus Point 2 of Doe v. Wal-Mart Stores, Inc., 210 W.

2022West Virginia Code § 55-7-13d(a)(2) provides that “[f]ault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty . . . .” To the extent that Syllabus Point 2 of Doe v. Wal-Mart Stores, Inc., 210 W.

22022–2022
State v. Sears green
wva · 1996
2 sentences

2015The Legislature has “substantive power to define crimes and prescribe punishments.” Syl. pt. 3, in part', State v. Sears, 196 W.Va. 71 , 468 S.E.2d 324 (1996).

2015The Legislature has “substantive power to define crimes and prescribe punishments.” Syl. pt. 3, in part', State v. Sears, 196 W.Va. 71 , 468 S.E.2d 324 (1996).

22015–2015
State v. Huffman green
wva · 1955
2 sentences

2015Petitioner contends that, by allowing the entire police report to be considered by the jury, petitioner was prejudiced.3 Petitioner further contends that the court committed clear error in 3 The police report contained several witness statements (at least one from a witness who did not testify at trial) and a reference to petitioner’s prior convictions for domestic violence. 2 admitting the entire police report, as the report included hearsay statements.4 With respect to the admission of evidence, this Court has held that “‘[t]he action of a trial court in admitting or excluding evidence in th

2015Petitioner contends that, by allowing the entire police report to be considered by the jury, petitioner was prejudiced.3 Petitioner further contends that the court committed clear error in 3 The police report contained several witness statements (at least one from a witness who did not testify at trial) and a reference to petitioner’s prior convictions for domestic violence. 2 admitting the entire police report, as the report included hearsay statements.4 With respect to the admission of evidence, this Court has held that “‘[t]he action of a trial court in admitting or excluding evidence in th

12015–2015

Statutes the citing opinions construe

WV § W. Va. Code § 53-1-1 (3)

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.

Where else courts name it

WV 7 (2015–2022) SD 3 (2014–2026) WI 3 (2022–2024)

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.

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