Legal Opinion
Davis v. Fox
West Virginia Supreme Court
Decided November 8, 2012No. 12-0603PublishedCited by 7 opinions
1Opinion of the Court
McHUGH, Justice:
Through means of a writ of prohibition, James Davis, the Prosecuting Attorney of Hancock County (hereinafter “Petitioner”), seeks to prevent the enforcement of the April 19, 2012, order of the Honorable Fred L. Fox II, dismissing one count of felony murder from the indictment returned against James Michael Sands. In dismissing the felony murder count, the trial court took the position that a co-perpetrator, Mi’. Sands, could not be found guilty of felony murder where the intended victim of a burglary was the person who caused the death of a co-perpetrator, Dakota Givens.…
2Cases cited27 opinions
- State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
- People v. WashingtonCalifornia Supreme Court · 1965
- Commonwealth v. RedlineSupreme Court of Pennsylvania · 1958
- State v. JacksonSupreme Court of Georgia · 2010
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cascen v. PeopleSupreme Court of The Virgin Islands · 2014
- Tyson v. PeopleSupreme Court of The Virgin Islands · 2013
- Flack v. BallardWest Virginia Supreme Court · 2017
- State of West Virginia v. Marcus Stephen SandersWest Virginia Supreme Court · 2019
- Commonwealth v. TejedaMassachusetts Superior Court · 2014
2 more not listed; retrieve them via the Exa API.