constitutional harmless error (West Virginia) · Go Syfert
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constitutional harmless error in West Virginia

6 West Virginia opinions name it 1 courts 1982–2014 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in West Virginia.

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 (4)

CaseCitedYears
Chapman v. California red
scotus · 1967
2 sentences

2014Where an instruction is found to be defective on an issue of constitutional magnitude such as an element of the crime with which a defendant is charged, the inquiry becomes whether the instructional error can be cured under the constitutional harmless error analysis of Chapman v. California, 386 U.S. 18 (1967).

1986A different level of review occurs when an instruction has been found to be constitutionally defective, as the question then becomes whether the instructional error can be cured under the constitutional harmless error rule of Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

21986–2014
Fahy v. Connecticut green
scotus · 1963
2 sentences

1995We acknowledged in Kelley that the Supreme Court of the United States set forth the federal standard for a constitutional harmless error analysis in Fahy v. Connecticut, 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 (1963).

1995We acknowledged in Kelley that the Supreme Court of the United States set forth the federal standard for a constitutional harmless error analysis in Fahy v. Connecticut, 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 (1963).

21994–1995
State v. Boyd green
wva · 1977
2 sentences

1982E.g., syl. pt. 5, State v. Boyd, 160 W.Va. 234 , 233 S.E.2d 710 (1977), quoting, syl. pt. 5, State ex rel.

1982E.g., syl. pt. 5, State v. Boyd, 160 W.Va. 234 , 233 S.E.2d 710 (1977), quoting, syl. pt. 5, State ex rel.

11982–1982
State v. Clark green
wva · 1982
2 sentences

1982In State v. Clark, 170 W.Va. 224 , 292 S.E.2d 643 (1982), this Court stated as follows: “We have recognized the constitutional harmless error doctrine in several cases.” 292 S.E.2d at 648 . 12 However, *438 unlike the Supreme Court of the United States directed in Gilbert and Moore, we are not inclined under the facts in this particular case to remand this action for a determination of constitutional harmless error.

1982In State v. Clark, 170 W.Va. 224 , 292 S.E.2d 643 (1982), this Court stated as follows: “We have recognized the constitutional harmless error doctrine in several cases.” 292 S.E.2d at 648 . 12 However, *438 unlike the Supreme Court of the United States directed in Gilbert and Moore, we are not inclined under the facts in this particular case to remand this action for a determination of constitutional harmless error.

11982–1982

Where else courts name it

WA 214 (1983–2026) KS 139 (1996–2026) CO 95 (2002–2026) TX 35 (1995–2026) DC 34 (1984–2024) NY 26 (1978–2025) TN 24 (1998–2024) VA 12 (2009–2023) NM 11 (1983–2024) IN 8 (1983–2020) CA 7 (1969–2023) WV 6 (1982–2014) AK 6 (1969–2003) IA 4 (2012–2025) MN 4 (1984–2017) CT 3 (1994–2025) OH 3 (1993–2014) UT 2 (1982–1987) WI 2 (1978–1984) NC 2 (2005–2018) MA 2 (2018–2024) IL 2 (2020–2020) AR 2 (1995–2018) GA 2 (2022–2023)

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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