conviction rule (West Virginia) · Go Syfert
← West Virginia issues

conviction rule in West Virginia

6 West Virginia opinions name it 1 courts 1942–2024 1 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 (1)

CaseFollowedCited
cluster 687361green
ca10 · 1995 · cited in 1 West Virginia opinions naming this issue, 2024–2024
1 sentence

2024See id.; see also United States v. Robertson, 45 F.3d 1423, 1432-33 (10th Cir. 1995) (reversing and remanding a conviction when the waiver lacked the signature of the defendant and the trial court “never inquired as to the circumstances surrounding the waiver and no discussion was ever held in the presence of [the defendant] regarding her decision to waive the right to trial by jury”).

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
State v. Hinkle green
wva · 1996
1 sentence

2019Pt. 1, in part, State v. Hinkle, 200 W.

12019–2019
Covington v. Smith green
wva · 2003
2 sentences

2019There, we were “firmly left with the conviction that an error ha[d] been committed as we [were] not convinced that the inactivity . . . was so egregious as to necessitate the sanction of dismissal.” Id. at 323 , 582 S.E.2d at 770 .

2019There, we were “firmly left with the conviction that an error ha[d] been committed as we [were] not convinced that the inactivity . . . was so egregious as to necessitate the sanction of dismissal.” Id. at 323 , 582 S.E.2d at 770 .

12019–2019
State v. Hayes green
wva · 1951
2 sentences

2002This Court based its decision to affirm the conviction on the rule stated in Syllabus Point 9 of State v. Hayes, 136 W.Va. 199 , 67 S.E.2d 9 (1951) which provides: The general rule, inhibiting allowance of a new trial for matter constituting a principal cause of challenge to a juror, existing before the juror was elected and sworn, unknown to the complaining party until after verdict, not disclosed on a thorough voir dire examination, and undiscoverable by the exercise of ordinary diligence, unless it appears from the whole case that the complainant suffered injustice by reason of the disquali

2002This Court based its decision to affirm the conviction on the rule stated in Syllabus Point 9 of State v. Hayes, 136 W.Va. 199 , 67 S.E.2d 9 (1951) which provides: The general rule, inhibiting allowance of a new trial for matter constituting a principal cause of challenge to a juror, existing before the juror was elected and sworn, unknown to the complaining party until after verdict, not disclosed on a thorough voir dire examination, and undiscoverable by the exercise of ordinary diligence, unless it appears from the whole case that the complainant suffered injustice by reason of the disquali

12002–2002
Jordan v. Roberts green
wva · 1978
2 sentences

1988Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978).

1988Jordan v. Roberts, 161 W.Va. 750 , 246 S.E.2d 259 (1978).

11988–1988
State v. Stout green
wva · 1935
1 sentence

1942Va. 398 , 180 S. E. 443 , this Court held that the reading of the indictment in a previous conviction was error, since it was necessary only to introduce a judgment to show a previous sentence to the penitentiary and identify the accused as the person formerly sentenced.

11942–1942

Where else courts name it

CA 247 (1893–2026) TX 185 (1885–2026) IL 128 (1902–2026) LA 100 (1925–2025) MI 97 (1912–2026) GA 97 (1891–2025) PA 92 (1944–2025) OH 90 (1943–2026) NY 75 (1888–2024) WA 71 (1904–2026) IN 58 (1879–2026) CO 57 (1957–2025) FL 48 (1926–2026) MO 46 (1906–2025) MN 38 (1886–2024) KS 37 (1928–2021) NJ 36 (1938–2026) OR 34 (1964–2021) VA 33 (1913–2026) CT 31 (1947–2018) TN 30 (1930–2025) AL 30 (1910–2025) MS 27 (1909–2023) MD 25 (1949–2023) IA 25 (1914–2022) AZ 24 (1926–2026) NM 24 (1968–2020) MA 24 (1943–2025) OK 24 (1920–2009) NC 21 (1938–2024) NE 18 (1940–2026) AR 18 (1894–2019) RI 17 (1924–2026) HI 17 (1975–2025) SD 17 (1982–2023) WI 17 (1897–2025) WY 16 (1959–2023) UT 15 (1990–2024) DC 13 (1960–2011) ID 13 (1939–2024) KY 13 (1917–2023) AK 12 (1965–2012) VT 10 (1906–2016) SC 8 (1958–2018) ME 8 (1917–2015) MT 7 (1939–2025) WV 6 (1942–2024) NV 4 (1976–2019) ND 4 (1911–2022) NH 3 (1978–2015) DE 2 (1976–2013)

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.

← Caselaw search · G Cite Topics · Brief Check