Legal Opinion · Dissent

State v. Morris

West Virginia Supreme Court

Decided October 2, 1998No. 24714Published

1DissentDavis, Chief Justice

For the reasons so eloquently expressed by Justice Cleckley in his separate opinion in State v. Hopkins, 192 W.Va. 483, 453 S.E.2d 317 (1994) (Cleckley, J., concurring, in part, and dissenting), I respectfully dissent.. In respectfully dissenting from the Court’s decision in this case, I wish to clarify the apparent confusion amongst the bench and the bar of this State as to the propriety of a Justice-authored dissent to an Opinion of the Court rendered per curiam. Generally speaking, a per curiam decision denotes "an opinion of the whole court,” Black’s Law Dictionary 1136 (6th ed.1990)…

2Cases cited7 opinions

  1. Rhodes v. StewartSupreme Court of the United States · 1988
  2. Montana v. HallSupreme Court of the United States · 1987
  3. Ticor Title Insurance v. BrownSupreme Court of the United States · 1994
  4. Whitaker v. Superior Court of Cal., San Francisco Cty.Supreme Court of the United States · 1995
  5. State v. HopkinsWest Virginia Supreme Court · 1995

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