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Legal Opinion

State ex rel. Holstein v. Casey

West Virginia Supreme Court

Decided March 11, 1980No. 14743PublishedCited by 12 opinions

1Opinion of the Court

Harshbarger, Justice:

Calbert V. Holstein seeks a writ against the circuit court and prosecuting attorney of Kanawha County to prohibit them from prosecuting him, claiming that he has been denied his right to a speedy trial accorded by W.Va. Const. art. III, §141, U.S. Const. Amend. VI, and W.Va. Code, 62-3-1. We need not discuss the federal constitutional issue because our state constitution and statute are dispositive of the matter.

Relator was arrested April 12, 1978 for stealing a tractor. After three continuances he appeared for preliminary hearing in magistrate court in August, 1978,…

2Cases cited17 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Klopfer v. North CarolinaSupreme Court of the United States · 1967
  4. Smith v. HooeySupreme Court of the United States · 1969
  5. Dickey v. FloridaSupreme Court of the United States · 1970

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Interest of Tiffany Marie S.West Virginia Supreme Court · 1996
  2. State Ex Rel. Shorter v. HeyWest Virginia Supreme Court · 1982
  3. State v. ZaehringerSupreme Court of Iowa · 1981
  4. State Ex Rel. Workman v. FuryWest Virginia Supreme Court · 1981
  5. Pitsenbarger v. NuzumWest Virginia Supreme Court · 1983

7 more not listed; retrieve them via the Exa API.

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