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Information about WV Supreme Court cases in the area of criminal law


daily link  Thursday, October 16, 2008


First seven opinions of the September 2008 term

Summaries of the first seven opinions issued in the September 2008 term of court were posted today. One opinion, Savarese v. Allstate, resolved a case that was argued in the January term of court. Unless otherwise stated, in all opinions issued this term, Justice Albright is not participating and Senior Status Justice McHugh is sitting by temporary assignment.

The final day of arguments in the September term of court is Tuesday, October 29.

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First seven opinions of the September 2008 term
Jnauary term opinions summarized
CRIMINAL :: Unauthorized entry not element of daytime burglary
CRIMINAL :: Insufficient evidence to support obstruction convictions
CRIMINAL :: Improper comment on defendant's silence
CRIMINAL, CONSTITUTIONAL :: Improper burden-shifting on ability to pay child support
CRIMINAL, EVIDENCE :: Proffer inadequate to defeat rape shield
CRIMINAL, EVIDENCE :: Clergy-communicant privilege, proof of age difference
CRIMINAL, EVIDENCE :: Expert testimony on diminished capacity
CRIMINAL, EVIDENCE :: Invited error, intrinsic evidence
CRIMINAL, EVIDENCE :: Consumption of evidence and defendant's ability to test
CRIMINAL, HABEAS CORPUS :: Witnesses in prison attire and shackles
CRIMINAL, JUVENILES :: Separate charges subsequent to transfer
CRIMINAL, PROCEDURE :: Late disclosure, denial of continuance
HABEAS CORPUS, PROCEDURE :: Denial of relief without evidentiary hearing
MOTOR VEHICLES, CRIMINAL :: Delay in receipt of officer's statement
CRIMINAL :: Numerous errors rejected, second degree murder
CRIMINAL :: Proportionality of 212 year sentence; effectiveness of habeas counsel waived
CRIMINAL :: Negligent homicide
CRIMINAL :: Incest, sexual assault, double jeopardy
CRIMINAL :: Sufficient evidence to support sexual abuse by custodian
CRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived
CRIMINAL :: Assessment of jury costs on defense counsel reversed
CRIMINAL :: No prejudice in trial court amending indictment
CRIMINAL :: Sufficient evidence to sustain murder conviction
CRIMINAL, HABEAS CORPUS, ATTORNEYS :: Ineffective assistance of counsel in mercy phase



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2008 | Supreme Court of Appeals of West Virginia | Rory Perry.
Last update: 10/16/08; 9:48:41 AM.