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7 West Virginia opinions name it 1 courts 1974–2017 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 |
|---|---|---|
State of West Virginia v. Orville M. Huttongreen2 sentences2017LOUGHRY, Chief Justice, dissenting: In State v. Hutton, 235 W.Va. 724 , 776 S.E.2d 621 (2015) (“Hutton F), I concurred in the majority’s historical analysis of the common law writ of error coram nobis, as well as its ultimate conclusion that the writ remains available only in extraordinary circumstances in criminal proceedings in West Virginia. 2017LOUGHRY, Chief Justice, dissenting: In State v. Hutton, 235 W.Va. 724 , 776 S.E.2d 621 (2015) (“Hutton F), I concurred in the majority’s historical analysis of the common law writ of error coram nobis, as well as its ultimate conclusion that the writ remains available only in extraordinary circumstances in criminal proceedings in West Virginia. | 1 | 1 |
Bloom v. Illinoisgreen2 sentences1980A power, therefore, in the supreme courts of justice, to suppress such contempts by an immediate attachment of the offender results from the first principles of judicial establishments, and must be an inseparable attendant upon every superior tribunal. [ Bloom v. Illinois, 391 U.S. 194 , 198 n. 2, 88 S.Ct. 1477, 1480, n. 2 , 20 L.Ed.2d 522 (1968).] The Court later commented in that same footnote: Of course, "Blackstone's Commentaries are accepted as the most satisfactory exposition of the common law of England.. . . [U]ndoubtedly the framers of the Constitution were familiar with it. 1980A power, therefore, in the supreme courts of justice, to suppress such contempts by an immediate attachment of the offender results from the first principles of judicial establishments, and must be an inseparable attendant upon every superior tribunal. [ Bloom v. Illinois, 391 U.S. 194 , 198 n. 2, 88 S.Ct. 1477, 1480, n. 2 , 20 L.Ed.2d 522 (1968).] The Court later commented in that same footnote: Of course, "Blackstone's Commentaries are accepted as the most satisfactory exposition of the common law of England.. . . [U]ndoubtedly the framers of the Constitution were familiar with it. | 1 | 1 |
Cecal Bell v. State of Alabamagreen1 sentence1974See, e.g., Bell v. Alabama, 367 F.2d 243 (5th Cir. 1966), cert. den., 386 U.S. 916 (1967); Nutt v. United States, 335 F.2d 817 (10th Cir. 1964), cert. den., 379 U.S. 909 (1964); United States ex rel. | 1 | 1 |
Otten v. Immigration & Naturalization Servicegreen1 sentence1974See, e.g., Bell v. Alabama, 367 F.2d 243 (5th Cir. 1966), cert. den., 386 U.S. 916 (1967); Nutt v. United States, 335 F.2d 817 (10th Cir. 1964), cert. den., 379 U.S. 909 (1964); United States ex rel. | 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 |
|---|---|---|
Padilla v. Kentucky
green
2 sentences2017I also concurred in the majority’s new syllabus point four to the extent it reflected the holding of the United States Supreme Court in Padilla v. Kentucky, 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010). 1 However, I strongly disagreed with the majority’s implication that Padilla imposes a duty on lawyers to explore the immigration status of all criminal defense clients, 2 and I expressed my opinion that Padilla has no application under the facts and circumstances of the case at bar. 2017I also concurred in the majority’s new syllabus point four to the extent it reflected the holding of the United States Supreme Court in Padilla v. Kentucky, 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010). 1 However, I strongly disagreed with the majority’s implication that Padilla imposes a duty on lawyers to explore the immigration status of all criminal defense clients, 2 and I expressed my opinion that Padilla has no application under the facts and circumstances of the case at bar. | 3 | 2015–2017 |
State v. Vollmer
green
2 sentences2007An examination of the issues presented in the case sub judiee requires an historical analysis of the development of this Court’s definitional guidelines regarding application of the statutory phrase “reckless disregard for the safety of others.” Although the legislature did not provide a definition for that phrase, the concept of reckless disregard, as a necessary predicate for a negligent homicide conviction, was proficiently explained by Justice Miller in State v. Vollmer, 163 W.Va. 711 , 259 S.E.2d 837 (1979). 7 In that case, this Court was asked, via certified question, to determine whethe 2007An examination of the issues presented in the case sub judiee requires an historical analysis of the development of this Court’s definitional guidelines regarding application of the statutory phrase “reckless disregard for the safety of others.” Although the legislature did not provide a definition for that phrase, the concept of reckless disregard, as a necessary predicate for a negligent homicide conviction, was proficiently explained by Justice Miller in State v. Vollmer, 163 W.Va. 711 , 259 S.E.2d 837 (1979). 7 In that case, this Court was asked, via certified question, to determine whethe | 1 | 2007–2007 |
People v. Blackburn
green
2 sentences1979The historical rule allowing the evidence may be more a creature of a one-time male fantasy of the `girls men date and the girls men marry' than one of logical inference." [ 56 Cal. App.3d at 690-691 , 128 Cal.Rptr. at 866-867 ] [10] For further analysis of the issue, see: Rudstein, Rape Shield Laws: Some Constitutional Problems, 18 Wm. & Mary L.Rev. 1 (1976) and Note, Criminal Procedure Right of Cross-Examination Sexual Assault Statute, 79 W.Va.L. 1979The historical rule allowing the evidence may be more a creature of a one-time male fantasy of the `girls men date and the girls men marry' than one of logical inference." [ 56 Cal. App.3d at 690-691 , 128 Cal.Rptr. at 866-867 ] [10] For further analysis of the issue, see: Rudstein, Rape Shield Laws: Some Constitutional Problems, 18 Wm. & Mary L.Rev. 1 (1976) and Note, Criminal Procedure Right of Cross-Examination Sexual Assault Statute, 79 W.Va.L. | 1 | 1979–1979 |
Herschel Quinton Nutt v. United States
green
1 sentence1974See, e.g., Bell v. Alabama, 367 F.2d 243 (5th Cir. 1966), cert. den., 386 U.S. 916 (1967); Nutt v. United States, 335 F.2d 817 (10th Cir. 1964), cert. den., 379 U.S. 909 (1964); United States ex rel. | 1 | 1974–1974 |
Nutt v. United States
green
1 sentence1974See, e.g., Bell v. Alabama, 367 F.2d 243 (5th Cir. 1966), cert. den., 386 U.S. 916 (1967); Nutt v. United States, 335 F.2d 817 (10th Cir. 1964), cert. den., 379 U.S. 909 (1964); United States ex rel. | 1 | 1974–1974 |
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.