Legal Opinion · Dissent

State of West Virginia v. Tina Marie Frymyer

West Virginia Supreme Court

Decided May 15, 2026No. 23-513Published

1Dissent

FILED State of West Virginia v. Tina Frymyer, No. 23-513 May 15, 2026 released at 3:00 p.m. C. CASEY FORBES, CLERK TRUMP, Justice, dissenting, and joined by Justice Titus: SUPREME COURT OF APPEALS OF WEST VIRGINIA The majority opinion has concluded that the circuit court “abused its discretion when it refused to allow the petitioner to question Juror Collins during the post- trial hearing.” Maj. Op. at 10. Given the petitioner’s counsel’s failure to exercise reasonable diligence during voir dire, I believe that the circuit court was well within its discretion for its ruling. Accordingly, I…

2Cases cited11 opinions

  1. Webb v. StateCourt of Criminal Appeals of Texas · 2007
  2. United States v. Sun Myung Moon and Takeru KamiyamaCourt of Appeals for the Second Circuit · 1983
  3. United States v. Martha Stewart and Peter BacanovicCourt of Appeals for the Second Circuit · 2006
  4. United States v. Matthew IannielloCourt of Appeals for the Second Circuit · 1989
  5. United States v. Thomas Gilsenan and Ralph CicaleseCourt of Appeals for the Third Circuit · 1991

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