Legal Opinion

State v. Berrill

West Virginia Supreme Court

Decided June 14, 1996No. 23050PublishedCited by 25 opinions

1Opinion of the Court

ALBRIGHT, Justice.

This appeal is from an order of the Circuit Court of Calhoun County, which denied defendant’s petition appealing magistrate court jury convictions of disrupting a public meeting in violation of W.Va.Code § 61-6-19 and wearing a mask in public in violation of W.Va.Code § 61-6-22. Appellant, defendant below, first argues that W.Va.Code §§ 61-6-19 and 61-6-22 were unconstitutionally applied to him, in violation of his rights to petition and to freedom of speech under the First Amendment of the United States Constitution and Article III, §§ 7 and 16 of the West Virginia…

2Cases cited53 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984

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3Cited by25 opinions

  1. Tenafly Eruv Ass'n v. Borough of TenaflyCourt of Appeals for the Third Circuit · 2002
  2. Perrine v. E.I. Du Pont De Nemours & Co.West Virginia Supreme Court · 2010
  3. Tenafly Eruv Association, Inc. v. The Borough Of TenaflyCourt of Appeals for the Third Circuit · 2002
  4. In the Interest of Anthony Ray Mc.West Virginia Supreme Court · 1997
  5. State v. BruffeyWest Virginia Supreme Court · 2000

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