7 West Virginia opinions name it 1 courts 1936–2018 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 |
|---|---|---|
Linkletter v. Walkerred2 sentences1991Second, it has been stressed that ‘we must ... weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.’ Linkletter v. Walker, [ 381 U.S. 618 ] 629, [ 85 S.Ct. 1731, 1738 , 14 L.Ed.2d 601, 608 (1965)]. 1991Second, it has been stressed that ‘we must ... weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.’ Linkletter v. Walker, [ 381 U.S. 618 ] 629, [ 85 S.Ct. 1731, 1738 , 14 L.Ed.2d 601, 608 (1965)]. | 1 | 2 |
State v. Boydgreen2 sentences2018Pt. 5, Boyd , 160 W.Va. at 234 , 233 S.E.2d at 713 (" 'Failure to observe a constitutional right constitutes reversible error unless it can be shown that the error was harmless beyond a reasonable doubt.' Syllabus point 5, State ex rel. 2018Pt. 5, Boyd , 160 W.Va. at 234 , 233 S.E.2d at 713 (" 'Failure to observe a constitutional right constitutes reversible error unless it can be shown that the error was harmless beyond a reasonable doubt.' Syllabus point 5, State ex rel. | 1 | 1 |
Marano v. Hollandgreen2 sentences1995See Marano v. Holland, 179 W.Va. 156 , 366 S.E.2d 117 (1988); Matter of Grand Jury Subpoena of Stewart, 144 Misc.2d 1012 , 545 N.Y.S.2d 974 (1989), modified by 156 A.D.2d 294 , 548 N.Y.S.2d 679 (1989). 1995See Marano v. Holland, 179 W.Va. 156 , 366 S.E.2d 117 (1988); Matter of Grand Jury Subpoena of Stewart, 144 Misc.2d 1012 , 545 N.Y.S.2d 974 (1989), modified by 156 A.D.2d 294 , 548 N.Y.S.2d 679 (1989). | 1 | 1 |
Chevron Oil Co. v. Husonred2 sentences1993Finally, we [must] weig[h] the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ *414 Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07 , 92 S.Ct. 349, 355 , 30 L.Ed.2d 296, 306 (1971) (citations omitted). 1993Finally, we [must] weig[h] the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ *414 Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07 , 92 S.Ct. 349, 355 , 30 L.Ed.2d 296, 306 (1971) (citations omitted). | 1 | 1 |
Cipriano v. City of Houmagreen2 sentences1991Finally, we have weighed the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ Cipriano v. City of Houma, [ 395 U.S. 701 ] 706, [ 89 S.Ct. 1897, 1900 , 23 L.Ed.2d 647, 652 (1969)].” Whether Chevron still stands is a question whose answer may be sought in the Supreme Court’s more recent plurality opinions in American Trucking Association, Inc. v. Smith, 496 U.S. 167 , 110 S.Ct. 2323 1991Finally, we have weighed the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ Cipriano v. City of Houma, [ 395 U.S. 701 ] 706, [ 89 S.Ct. 1897, 1900 , 23 L.Ed.2d 647, 652 (1969)].” Whether Chevron still stands is a question whose answer may be sought in the Supreme Court’s more recent plurality opinions in American Trucking Association, Inc. v. Smith, 496 U.S. 167 , 110 S.Ct. 2323 | 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 |
|---|---|---|
Taylor v. Kentucky
green
2 sentences2018L. & Pol'y Rev. 149 , 160 (2010). 7 "The Coffin Court traced the venerable history of the presumption from Deuteronomy through Roman law, English common law, and the common law of the United States." Taylor v. Kentucky , 436 U.S. 478 , 483, 98 S.Ct. 1930 , 56 L.Ed.2d 468 (1978). 8 See Syl. 2018L. & Pol'y Rev. 149 , 160 (2010). 7 "The Coffin Court traced the venerable history of the presumption from Deuteronomy through Roman law, English common law, and the common law of the United States." Taylor v. Kentucky , 436 U.S. 478 , 483, 98 S.Ct. 1930 , 56 L.Ed.2d 468 (1978). 8 See Syl. | 1 | 2018–2018 |
In re Grand Jury Subpoena of Stewart
green
2 sentences1995See Marano v. Holland, 179 W.Va. 156 , 366 S.E.2d 117 (1988); Matter of Grand Jury Subpoena of Stewart, 144 Misc.2d 1012 , 545 N.Y.S.2d 974 (1989), modified by 156 A.D.2d 294 , 548 N.Y.S.2d 679 (1989). 1995See Marano v. Holland, 179 W.Va. 156 , 366 S.E.2d 117 (1988); Matter of Grand Jury Subpoena of Stewart, 144 Misc.2d 1012 , 545 N.Y.S.2d 974 (1989), modified by 156 A.D.2d 294 , 548 N.Y.S.2d 679 (1989). | 1 | 1995–1995 |
In re the Grand Jury Subpoena of Stewart
green
2 sentences1995See Marano v. Holland, 179 W.Va. 156 , 366 S.E.2d 117 (1988); Matter of Grand Jury Subpoena of Stewart, 144 Misc.2d 1012 , 545 N.Y.S.2d 974 (1989), modified by 156 A.D.2d 294 , 548 N.Y.S.2d 679 (1989). 1995See Marano v. Holland, 179 W.Va. 156 , 366 S.E.2d 117 (1988); Matter of Grand Jury Subpoena of Stewart, 144 Misc.2d 1012 , 545 N.Y.S.2d 974 (1989), modified by 156 A.D.2d 294 , 548 N.Y.S.2d 679 (1989). | 1 | 1995–1995 |
American Trucking Assns., Inc. v. Smith
green
2 sentences1991Finally, we have weighed the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ Cipriano v. City of Houma, [ 395 U.S. 701 ] 706, [ 89 S.Ct. 1897, 1900 , 23 L.Ed.2d 647, 652 (1969)].” Whether Chevron still stands is a question whose answer may be sought in the Supreme Court’s more recent plurality opinions in American Trucking Association, Inc. v. Smith, 496 U.S. 167 , 110 S.Ct. 2323 1991Finally, we have weighed the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ Cipriano v. City of Houma, [ 395 U.S. 701 ] 706, [ 89 S.Ct. 1897, 1900 , 23 L.Ed.2d 647, 652 (1969)].” Whether Chevron still stands is a question whose answer may be sought in the Supreme Court’s more recent plurality opinions in American Trucking Association, Inc. v. Smith, 496 U.S. 167 , 110 S.Ct. 2323 | 1 | 1991–1991 |
James B. Beam Distilling Co. v. Georgia
green
2 sentences1991Finally, we have weighed the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ Cipriano v. City of Houma, [ 395 U.S. 701 ] 706, [ 89 S.Ct. 1897, 1900 , 23 L.Ed.2d 647, 652 (1969)].” Whether Chevron still stands is a question whose answer may be sought in the Supreme Court’s more recent plurality opinions in American Trucking Association, Inc. v. Smith, 496 U.S. 167 , 110 S.Ct. 2323 1991Finally, we have weighed the inequity imposed by retroactive application, for ‘[w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the “injustice or hardship” by a holding of nonretroactivity.’ Cipriano v. City of Houma, [ 395 U.S. 701 ] 706, [ 89 S.Ct. 1897, 1900 , 23 L.Ed.2d 647, 652 (1969)].” Whether Chevron still stands is a question whose answer may be sought in the Supreme Court’s more recent plurality opinions in American Trucking Association, Inc. v. Smith, 496 U.S. 167 , 110 S.Ct. 2323 | 1 | 1991–1991 |
McConnell v. Williams
green
2 sentences1987In looking to the history of this doctrine, Pennsylvania originally adopted the captain of the ship doctrine to get around charitable immunity for hospitals: ... [I]f operating surgeons were not to be held liable for the negligent performance of the duties of those working under them, the law would fail in large measure to afford a means of redress for preventable injury sustained during the course of such operations. 361 Pa. at 364 , 65 A.2d at 247 . 1987In looking to the history of this doctrine, Pennsylvania originally adopted the captain of the ship doctrine to get around charitable immunity for hospitals: ... [I]f operating surgeons were not to be held liable for the negligent performance of the duties of those working under them, the law would fail in large measure to afford a means of redress for preventable injury sustained during the course of such operations. 361 Pa. at 364 , 65 A.2d at 247 . | 1 | 1987–1987 |
Detwiler v. Green
neutral
1 sentence1936In the case of Detwiler v. Green, 1 W. | 1 | 1936–1936 |
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.