Legal Opinion

State Ex Rel. Knotts v. Facemire

West Virginia Supreme Court

Decided June 5, 2009No. 34647PublishedCited by 31 opinions

1Opinion of the Court

McHUGH, Justice:

Petitioner James L. Knotts seeks a writ of prohibition to prevent a criminal jury trial set before the Circuit Court of Clay County 1 from proceeding based on the lengthy delay between the alleged criminal offenses and the issuance of the indictment predicated on those offenses. Citing the thirteen-year period between when the State was first made aware of the alleged offenses and when it finally decided to charge him, 2 Petitioner argues that the delay constitutes a violation of his due process rights. 3 In explanation of the lengthy delay, the State asserts that the alleged…

2Cases cited29 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. MarionSupreme Court of the United States · 1971
  3. Doggett v. United StatesSupreme Court of the United States · 1992
  4. United States v. LovascoSupreme Court of the United States · 1977
  5. United States v. GouveiaSupreme Court of the United States · 1984

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3Cited by31 opinions

  1. State v. JessieWest Virginia Supreme Court · 2009
  2. State of West Virginia v. Timothy Ray SutherlandWest Virginia Supreme Court · 2013
  3. Conte v. StateSupreme Court of Arkansas · 2015
  4. Miller v. MoredockWest Virginia Supreme Court · 2011
  5. Reed v. StaffilenoWest Virginia Supreme Court · 2017

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

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