Topic: a court having jurisdiction over habeas corpus proceedings … · Go Syfert
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Topic #1915

10 canonical passages across 7 cases, quoted by 150 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Perdue v. Coiner.

#Case FlagCanonical passage Citers
1 Perdue v. Coiner Anchor
wva · 1973
green “a court having jurisdiction over habeas corpus proceedings may deny a petition for a writ of habeas corpus without a hearing and without appointing counsel for the petitioner if the petition, exhibits, affidavits or other documentary evidence filed therewith show to such court's…” 49
2 Perdue v. Coiner
wva · 1973
green “on an appeal to this court the appellant bears the burden of showing that there was error in the proceedings below resulting in the judgment of which he complains, all presumptions being in favor of the correctness of the proceedings and judgment in and of the trial court.” 45
3 Perdue v. Coiner
wva · 1973
green “if the petition, exhibits, affidavits or other documentary evidence filed therewith show to such court's satisfaction that the petitioner is entitled to no relief.” 20
4 State Ex Rel. Watson v. Hill
wva · 1997
green “west virginia code section 53-4a-7(c) (1994) requires a circuit court denying or granting relief in a habeas corpus proceeding to make specific findings of fact and conclusions of law relating to each contention advanced by the petitioner, and to state the grounds upon which the…” 8
5 Losh v. McKenzie
wva · 1981
green “a mere recitation of any of our enumerated grounds without detailed factual support does not justify the issuance of a writ, the appointment of counsel, and the holding of a hearing.” 8
6 Hinerman v. Levin
wva · 1983
green “appellate review of the propriety of a default judgment focuses on the issue of whether the trial court abused its discretion in entering the default judgment.” 5
7 State Ex Rel. Valentine v. Watkins
wva · 2000
green “when considering whether such a petition requesting post-conviction habeas corpus relief has stated grounds warranting the issuance of the writ, courts typically are afforded broad discretion.” 5
8 Coury v. Tsapis
wva · 1983
green “a default relates to the issue of liability and a default judgment occurs after damages have been ascertained.” 4
9 Gibson v. Dale
wva · 1984
green “this discretion is not unlimited, however, and the court must be guided by the necessities of each particular case.” 3
10 Gibson v. Dale
wva · 1984
green “the court must be guided by the necessities of each particular case.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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