circuit court conducted hearing (West Virginia) · Go Syfert
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circuit court conducted hearing in West Virginia

7 West Virginia opinions name it 1 courts 2011–2015 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.

Followed or applied (2)

CaseFollowedCited
Manns v. City of Charleston Police Departmentgreen
wva · 2001 · cited in 1 West Virginia opinions naming this issue, 2013–2013
2 sentences

2013In its order, the circuit court found that “[t]he Officer in Charge of the Professional Standards Section shall ‘ensure the confidentiality of all documents and reports relating to the investigation of any complaint through strict control of the Section’s files.’ 81 CSR 10.3.3.” The circuit court also concluded that “[bjeginning with the actual complaint through the investigation and conclusion of the matter all investigative materials are to be treated with the strictest confidence. ‘The expectation of confidentiality is crucial to continued reports of possible misconduct.’ Manns v. City of C

2013In its order, the circuit court found that “[t]he Officer in Charge of the Professional Standards Section shall ‘ensure the confidentiality of all documents and reports relating to the investigation of any complaint through strict control of the Section’s files.’ 81 CSR 10.3.3.” The circuit court also concluded that “[bjeginning with the actual complaint through the investigation and conclusion of the matter all investigative materials are to be treated with the strictest confidence. ‘The expectation of confidentiality is crucial to continued reports of possible misconduct.’ Manns v. City of C

11
Preiser v. MacQueengreen
wva · 1986 · cited in 1 West Virginia opinions naming this issue, 2013–2013
2 sentences

2013See Preiser v. MacQueen, 177 W.Va. 273 , 279 n. 8, 352 S.E.2d 22 , 28 n. 8 (1985). (evidence that a collateral advantage has been obtained is relevant in demonstrating that lawfully issued process has been used for an improper purpose). 3 The circuit court also found that petitioner could not state a claim for malicious prosecution because Civil Action No. 09-C-20 did not terminate in her favor.

2013See Preiser v. MacQueen, 177 W.Va. 273 , 279 n. 8, 352 S.E.2d 22 , 28 n. 8 (1985). (evidence that a collateral advantage has been obtained is relevant in demonstrating that lawfully issued process has been used for an improper purpose). 3 The circuit court also found that petitioner could not state a claim for malicious prosecution because Civil Action No. 09-C-20 did not terminate in her favor.

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 (5)

CaseCitedYears
Abbott v. Owens-Corning Fiberglas Corp. yellow
wva · 1994
1 sentence

2015Va. at 204 , 444 S.E.2d at 291 , the Respondents argued that the Petitioners offered “[m]ere allegations and conclusions,” as support for their motion and failed to support it with any evidence. 5 The circuit court conducted a hearing on the Petitioners’ motion on May 8, 2014.

12015–2015
Antolini v. West Virginia Division of Natural Resources green
wva · 2007
2 sentences

2013In an order entered September 1, 2011, the circuit court noted that it appeared that “[petitioner]’s Complaint in the present case was filed for the improper purposes of harassing [respondent] and needlessly imposing further litigation costs upon [respondent] in the hopes that Shepherd will simply cede to Ms. Muller’s demands for extended access to [the] Shepherd campus.” The circuit court applied the principles of res judicata as set forth in Syllabus Point One, Antolini v. West Virginia Division of Natural Resources, 220 W.Va. 255 , 647 S.E.2d 535 (2007), 1 The circuit court case number was

2013In an order entered September 1, 2011, the circuit court noted that it appeared that “[petitioner]’s Complaint in the present case was filed for the improper purposes of harassing [respondent] and needlessly imposing further litigation costs upon [respondent] in the hopes that Shepherd will simply cede to Ms. Muller’s demands for extended access to [the] Shepherd campus.” The circuit court applied the principles of res judicata as set forth in Syllabus Point One, Antolini v. West Virginia Division of Natural Resources, 220 W.Va. 255 , 647 S.E.2d 535 (2007), 1 The circuit court case number was

12013–2013
Zant v. Stephens green
scotus · 1983
2 sentences

2011The United States Supreme Court has stated that during the penalty stage of a trial, a jury considers the character and propensities of a defendant in order to make a “unique, individualized judgment regarding the punishment that a particular person deserves.” Zant v. Stephens, 462 U.S. 862, 900 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983) (Rehnquist, J., concurring).

2011The United States Supreme Court has stated that during the penalty stage of a trial, a jury considers the character and propensities of a defendant in order to make a “unique, individualized judgment regarding the punishment that a particular person deserves.” Zant v. Stephens, 462 U.S. 862, 900 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983) (Rehnquist, J., concurring).

12011–2011
In Re Abbigail Faye B. green
wva · 2008
2 sentences

2011Id.

2011Id.

12011–2011
State v. McGinnis green
wva · 1994
2 sentences

2011The appellant concedes that the circuit court conducted a hearing on this issue as required by State v. McGinnis, 193 W.Va. 147 , 455 S.E.2d 516 (1994); 7 however, he states that the circuit court committed error by “conducting meaningless and pro forma balancing of prejudice versus probity.” The appellant argues that while the State maintained that Rule 404(b) evidence was admitted to prove motive, preparation, and/or plan for the shootings, the real purpose was to taint the jury’s opinion of the appellant as a drug dealer.

2011The appellant concedes that the circuit court conducted a hearing on this issue as required by State v. McGinnis, 193 W.Va. 147 , 455 S.E.2d 516 (1994); 7 however, he states that the circuit court committed error by “conducting meaningless and pro forma balancing of prejudice versus probity.” The appellant argues that while the State maintained that Rule 404(b) evidence was admitted to prove motive, preparation, and/or plan for the shootings, the real purpose was to taint the jury’s opinion of the appellant as a drug dealer.

12011–2011

Where else courts name it

HI 10 (2003–2024) IL 10 (1999–2025) AL 9 (1985–2018) WV 7 (2011–2015) VA 6 (2011–2026) AR 6 (2014–2023) MD 4 (2013–2025) WI 4 (1995–2026) KY 3 (2009–2022) MI 2 (1982–2008) MS 2 (1986–2020) SC 2 (2014–2019)

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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