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6 West Virginia opinions name it 2 courts 1983–2024 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.
| Case | Followed | Cited |
|---|---|---|
Levell Taylor v. Randy Groundsgreen2 sentences2014The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.”); see also Austin v. Plumley,No. 13-6661, Fed.Appx. , 2014 WL 1345345 , at *7 (4th Cir., Apr. 7, 2014) (quoting Taylor v. Grounds, 721 F.3d 809, 822 (7th Cir. 2013)) (stating that “a sparse decision devoid of factual matter cannot support the Illinois Supreme Court’s determination of an implicit credibility finding.”). 5 The majority has correctly determined that the trial court did not abuse its discretion in admitting the Rule 404(b)7 evidence offered by the State against Mr. Ro 2014The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.”); see also Austin v. Plumley, No. 13-6661, 565 Fed.Appx. 175, 183 , 2014 WL 1345345 , at *7 (4th Cir., Apr. 7, 2014) (quoting Taylor v. Grounds, 721 F.3d 809, 822 (7th Cir.2013)) (stating that "a sparse decision devoid of factual matter cannot support the Illinois Supreme Court's determination of an implicit credibility finding.”). .Rule 404(b) of the West Virginia Rules of Evidence provides, as follows: Other Crimes, Wrongs, or Acts. | 2 | 2 |
Timothy Austin v. Marvin Plumleygreen1 sentence2014The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.”); see also Austin v. Plumley, No. 13-6661, 565 Fed.Appx. 175, 183 , 2014 WL 1345345 , at *7 (4th Cir., Apr. 7, 2014) (quoting Taylor v. Grounds, 721 F.3d 809, 822 (7th Cir.2013)) (stating that "a sparse decision devoid of factual matter cannot support the Illinois Supreme Court's determination of an implicit credibility finding.”). .Rule 404(b) of the West Virginia Rules of Evidence provides, as follows: Other Crimes, Wrongs, or Acts. | 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 |
|---|---|---|
James Collisi v. Maridale Collisi
green
1 sentence2024If the presumption is rebutted, the court shall, absent an agreement between the parents as to all matters related to custodial allocation, construct a parenting time schedule which maximizes the time each parent has with the child and is consistent with ensuring the child’s welfare. 4 Collisi, 231 W. | 1 | 2024–2024 |
Ford v. Coiner
green
1 sentence2024Va. 362 , 196 S.E.2d 91 (1972) (holding that a habeas petitioner bears the burden of rebutting the presumption that he intelligently and knowingly waived any claim that he could have advanced on direct appeal but did not). | 1 | 2024–2024 |
Irvin v. Dowd
green
1 sentence2021Phillips at 588 , 461 S.E.2d at 95 (quoting Irvin v. Dowd, 366 U.S. 717 (1961)). | 1 | 2021–2021 |
State v. Phillips
green
1 sentence2021Phillips at 588 , 461 S.E.2d at 95 (quoting Irvin v. Dowd, 366 U.S. 717 (1961)). | 1 | 2021–2021 |
State v. Williams
green
2 sentences1983In State v. Williams, 162 W.Va. 309 , 249 S.E.2d 758 (1980), we ruled that a first confession by the appellant was inadmissible, and that the State therefore had the burden of rebutting a presumption that subsequent confessions were the product of the first and were also inadmissible. 1983In State v. Williams, 162 W.Va. 309 , 249 S.E.2d 758 (1980), we ruled that a first confession by the appellant was inadmissible, and that the State therefore had the burden of rebutting a presumption that subsequent confessions were the product of the first and were also inadmissible. | 1 | 1983–1983 |
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.