credibility defense (West Virginia) · Go Syfert
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credibility defense in West Virginia

6 West Virginia opinions name it 1 courts 1996–2025 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 (4)

CaseFollowedCited
Adilao Ortiz v. James Yatesgreen
ca9 · 2012 · cited in 3 West Virginia opinions naming this issue, 2013–2013
2 sentences

2013See United States v. Roussel, 705 F.3d 184, 194 (5th Cir. 2013) ("The Sixth Amendment's Confrontation Clause is violated if the defendant [can] show that a reasonable jury might have had a significantly different impression of the witness’s credibility if defense counsel had been allowed to pursue the questioning." (internal quotations and citation omitted)); Ortiz v. Yates, 704 F.3d 1026, 1037 (9th Cir.2012) (“The whole point of the effective, permissible cross-examination protected by the Confrontation Clause is to diminish the witness’ credibility with the jury and thereby render a convicti

2013See United States v. Roussel, 705 F.3d 184, 194 (5th Cir. 2013) (“The Sixth Amendment’s Confrontation Clause is violated if the defendant [can] show that a reasonable jury might have had a significantly different impression of the witness’s credibility if defense counsel had been allowed to pursue the questioning.” (internal quotations and citation omitted)); Ortiz v. Yates, 704 F.3d 1026, 1037 (9th Cir. 2012) (“The whole point of the effective, permissible cross-examination protected by the Confrontation Clause is to diminish the witness’ credibility with the jury and thereby render a convict

33
United States v. Michael Rousselgreen
ca5 · 2013 · cited in 3 West Virginia opinions naming this issue, 2013–2013
2 sentences

2013See United States v. Roussel, 705 F.3d 184, 194 (5th Cir. 2013) ("The Sixth Amendment's Confrontation Clause is violated if the defendant [can] show that a reasonable jury might have had a significantly different impression of the witness’s credibility if defense counsel had been allowed to pursue the questioning." (internal quotations and citation omitted)); Ortiz v. Yates, 704 F.3d 1026, 1037 (9th Cir.2012) (“The whole point of the effective, permissible cross-examination protected by the Confrontation Clause is to diminish the witness’ credibility with the jury and thereby render a convicti

2013See United States v. Roussel, 705 F.3d 184, 194 (5th Cir. 2013) (“The Sixth Amendment’s Confrontation Clause is violated if the defendant [can] show that a reasonable jury might have had a significantly different impression of the witness’s credibility if defense counsel had been allowed to pursue the questioning.” (internal quotations and citation omitted)); Ortiz v. Yates, 704 F.3d 1026, 1037 (9th Cir. 2012) (“The whole point of the effective, permissible cross-examination protected by the Confrontation Clause is to diminish the witness’ credibility with the jury and thereby render a convict

33
Mayhorn v. Logan Medical Foundationgreen
wva · 1994 · cited in 1 West Virginia opinions naming this issue, 2025–2025
1 sentence

2025Id. at 46, 454 S.E.2d at 91 (internal quotation omitted) (emphasis added).

11
Moore v. Skyline Cab, Inc.green
wva · 1950 · cited in 1 West Virginia opinions naming this issue, 2016–2016
2 sentences

2016It is axiomatic that “a witness may be impeached on the basis of prior inconsistent actions.”59 After plaintiff’s counsel 57 Stear testified he would use his two-hour interstate drive to and from work as a time to “relax and maybe pray.” He also asserted that his wife’s sisters are both police officers, and if he had “pulled a shenanigan” like he was accused of, his wife would “have her sisters take care of me.” 58 In Moore v. Skyline Cab, Inc., 134 W.Va. 121, 131 , 59 S.E.2d 437, 443 (1950), a tort defendant testified “he was by nature a careful driver and . . . he always observed speed limit

2016It is axiomatic that “a witness may be impeached on the basis of prior inconsistent actions.”59 After plaintiff’s counsel 57 Stear testified he would use his two-hour interstate drive to and from work as a time to “relax and maybe pray.” He also asserted that his wife’s sisters are both police officers, and if he had “pulled a shenanigan” like he was accused of, his wife would “have her sisters take care of me.” 58 In Moore v. Skyline Cab, Inc., 134 W.Va. 121, 131 , 59 S.E.2d 437, 443 (1950), a tort defendant testified “he was by nature a careful driver and . . . he always observed speed limit

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 (2)

CaseCitedYears
State v. Quinn green
wva · 1997
2 sentences

2013See United States v. Roussel, 705 F.3d 184, 194 (5th Cir. 2013) (“The Sixth Amendment’s Confrontation Clause is violated if the defendant [can] show that a reasonable jury might have had a significantly different impression of the witness’s credibility if defense counsel had been allowed to pursue the questioning.” (internal quotations and citation omitted)); Ortiz v. Yates, 704 F.3d 1026, 1037 (9th Cir. 2012) (“The whole point of the effective, permissible cross-examination protected by the Confrontation Clause is to diminish the witness’ credibility with the jury and thereby render a convict

2013See United States v. Roussel, 705 F.3d 184, 194 (5th Cir. 2013) (“The Sixth Amendment’s Confrontation Clause is violated if the defendant [can] show that a reasonable jury might have had a significantly different impression of the witness’s credibility if defense counsel had been allowed to pursue the questioning.” (internal quotations and citation omitted)); Ortiz v. Yates, 704 F.3d 1026, 1037 (9th Cir. 2012) (“The whole point of the effective, permissible cross-examination protected by the Confrontation Clause is to diminish the witness’ credibility with the jury and thereby render a convict

22013–2013
James v. Illinois green
scotus · 1990
2 sentences

1996In reversing the state court’s decision, the United States Supreme Court refused to “expand[ ] the scope of the impeachment exception to permit prosecutors to use illegally obtained evidence to impeach the credibility of defense witness.” Id. at 313 , 110 S.Ct. at 652 .

1996In reversing the state court’s decision, the United States Supreme Court refused to “expand[ ] the scope of the impeachment exception to permit prosecutors to use illegally obtained evidence to impeach the credibility of defense witness.” Id. at 313 , 110 S.Ct. at 652 .

11996–1996

Where else courts name it

TX 412 (1972–2026) CA 141 (1957–2026) IL 66 (1974–2025) NY 46 (1973–2024) MI 32 (1976–2025) OH 30 (1996–2026) PA 27 (1973–2025) LA 26 (1959–2017) MO 24 (1905–2024) CO 23 (1975–2026) WA 22 (1981–2025) NJ 19 (1976–2025) FL 17 (1980–2019) CT 16 (1981–2025) GA 16 (1978–2021) TN 15 (1991–2024) MN 15 (1976–2019) MA 14 (1981–2024) KS 12 (1968–2022) NM 10 (1992–2026) DC 10 (1977–2022) WI 9 (1980–2022) RI 8 (1992–2023) IN 7 (1976–2017) VA 7 (1993–2026) MD 7 (1982–2018) IA 7 (1983–2026) HI 7 (1997–2024) UT 7 (1998–2021) MS 6 (1994–2026) NC 6 (1980–2016) WV 6 (1996–2025) OK 5 (1984–2011) SC 4 (1999–2018) MT 4 (1982–2021) WY 4 (1990–2006) AL 4 (1993–2016) VT 3 (2005–2017) SD 3 (1961–2024) ME 3 (2008–2023) AZ 2 (2021–2022) NE 2 (1954–2014) AR 2 (2013–2014) DE 2 (1994–2025)

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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