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6 West Virginia opinions name it 1 courts 1893–2020 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 |
|---|---|---|
State v. Kinggreen2 sentences2014Turning to the fourth assignment of error (in which petitioner argues that he was not afforded a hearing on his motion for alternative sentence agreement and, possibly, his motion for reconsideration of sentence), we begin with State v. King, 205 W.Va. 422, 425 , 518 S.E.2d 663, 666 (1999), in which we noted that a circuit court did not abuse its discretion in declining to conduct an additional, unnecessary hearing prior to denying a defendant’s Rule 35 motion. 2014Turning to the fourth assignment of error (in which petitioner argues that he was not afforded a hearing on his motion for alternative sentence agreement and, possibly, his motion for reconsideration of sentence), we begin with State v. King, 205 W.Va. 422, 425 , 518 S.E.2d 663, 666 (1999), in which we noted that a circuit court did not abuse its discretion in declining to conduct an additional, unnecessary hearing prior to denying a defendant’s Rule 35 motion. | 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 |
|---|---|---|
State v. Edward Charles L.
green
1 sentence2020Va. 641 , 398 S.E.2d 123 (1990). 2 Petitioner additionally asserts a fourth assignment of error alleging that the circuit court erred in denying her motion to transfer the case to the State of Tennessee. | 1 | 2020–2020 |
State v. LaRock
green
1 sentence2014This Court has previously stated that “issues . . . mentioned only in passing but are not supported with pertinent authority are not considered on appeal.” State v. LaRock, 196 W. | 1 | 2014–2014 |
State v. Atkins
green
2 sentences1986Irrespective of the propriety of this admission, however, as this Court held in Syllabus Point 2 of State v. Atkins, 163 W.Va. 502 , 261 S.E.2d 55 (1979): Where improper evidence of a non-constitutional nature is introduced by the State in a criminal trial, the test to determine if the error is harmless is: (1) the inadmissible evidence must be removed from the State’s case and a determination made as to whether the remaining evidence is sufficient to convince impartial minds of the defendant’s guilt beyond a reasonable doubt; (2) if the remaining evidence is found to be insufficient, the erro 1986Irrespective of the propriety of this admission, however, as this Court held in Syllabus Point 2 of State v. Atkins, 163 W.Va. 502 , 261 S.E.2d 55 (1979): Where improper evidence of a non-constitutional nature is introduced by the State in a criminal trial, the test to determine if the error is harmless is: (1) the inadmissible evidence must be removed from the State’s case and a determination made as to whether the remaining evidence is sufficient to convince impartial minds of the defendant’s guilt beyond a reasonable doubt; (2) if the remaining evidence is found to be insufficient, the erro | 1 | 1986–1986 |
Jones v. Reid Adm'r
green
1 sentence1897Upon this question see Jones v. Reid's Adm'r, 12 W. | 1 | 1897–1897 |
Carrico v. W. Va. Cent. & Pa. R'y. Co.
neutral
1 sentence1893This question, however, has been settled by this Court in the case of Carrico v. Railway Co., 35 W. | 1 | 1893–1893 |
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.