W. Va. Code » §52-2-12. Incompetency or disqualification of juror not to affect validity of finding.
West Virginia Code

W. Va. Code § 52-2-12 (2026)

Incompetency or disqualification of juror not to affect validity of finding

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. GRAND JURIES.

§52-2-12. Incompetency or disqualification of juror not to affect validity of finding.

No presentment or indictment shall be quashed or abated on account of the incompetency or disqualification of any one or more of the grand jurors who found the same.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1975–2024 · leading case: State v. Vance, 535 S.E.2d 484 (W. Va. 2000).
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State v. Vance, 535 S.E.2d 484 (W. Va. 2000). · cites it 2× “Vance should have been disqualified, the curative provisions of West Virginia Code § 52-2-12 (1994) 2 saves the indictment. West Virginia Rule of Criminal Procedure 6(b)(2) supports this decision.”
Wilt v. State Auto. Mut. Ins., 506 S.E.2d 608 (W. Va. 1998). “2d 924 (1988) (holding that a private tort cause of action exists for violation of West Virginia Code § 27-3-1 proscribing release of confidential information relating to mental patients and such action is governed by one-year statute of limitations set forth in West Virginia…”
State v. Bailey, 220 S.E.2d 432 (W. Va. 1975). · cites it 2× “Moreover, W.Va.Code, 52-2-12, provides that no indictment shall be quashed or abated because of the incompetency or disqualification of any one or more of the grand jurors.”
In re A.B. & M.B., No. 23-58 (W. Va. Apr. 25, 2024). · cites it 4× “1 At adjudication, he moved to dismiss the petition as time barred under West Virginia Code § 52-2-12. But the Circuit Court of Putnam County determined that the petition was not time-barred under that provision, because petitioner’s then-recent attempt to resume contact with…”
W. Va. Code § 52-2-12(c): 1 case
Wilt v. State Auto. Mut. Ins., 506 S.E.2d 608 (W. Va. 1998). “2d 924 (1988) (holding that a private tort cause of action exists for violation of West Virginia Code § 27-3-1 proscribing release of confidential information relating to mental patients and such action is governed by one-year statute of limitations set forth in West Virginia…”
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