Legal Opinion · Dissent

State v. Taylor

West Virginia Supreme Court

Decided March 24, 2004No. 31405Published

1DissentDavis, J.

“What makes a decision ‘judicial’ and not an exercise in raw power is its discipline: principled decision-making after careful attention to precedent and persuasive argument and close application to fully-developed facts.” Davis v. Moore, 772 A.2d 204, 237 (D.C.2001) (Ruiz, J., concurring in part and dissenting in part). Here, the majority finds that the probative value of habitual drug use to show motive to commit a property crime is inadmissible as its probative value is outweighed by its prejudicial effect. Because this conclusion ignores, distorts, and misap*83plies precedent, ignores the…

2Cases cited33 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. State v. Edward Charles L.West Virginia Supreme Court · 1990
  3. State v. LaRockWest Virginia Supreme Court · 1996
  4. State v. McGinnisWest Virginia Supreme Court · 1994
  5. People v. CardenasCalifornia Supreme Court · 1982

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