Legal Opinion
Porter v. Ferguson
West Virginia Supreme Court
Decided December 21, 1984No. 16393PublishedCited by 14 opinions
1Opinion of the Court
HARSHBARGER, Justice:
Phillip M. Porter petitions for prohibition to prevent the Circuit Court of Cabell County from retrying him for first degree murder. He asserts that because the trial court erroneously declared a mistrial in a previous proceeding on the same charge, retrial is barred by double jeopardy.
In January, 1982, Porter was indicted on two counts of first degree murder. His motion for severance was granted, the State elected to try him on Count I, and in March, 1982, a jury acquitted him.
In September, 1982, Porter moved that Count II be dismissed on double jeopardy grounds. The…
2Cases cited28 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
- Wade v. HunterSupreme Court of the United States · 1949
23 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. HonakerWest Virginia Supreme Court · 1994
- State Ex Rel. Pinson v. MaynardWest Virginia Supreme Court · 1989
- Glover v. EIGHTH JUD. DIST. COURT OF STATENevada Supreme Court · 2009
- Keller v. FergusonWest Virginia Supreme Court · 1987
- Callaway v. StateNew Mexico Supreme Court · 1990
9 more not listed; retrieve them via the Exa API.