Legal Opinion

State of WV v. Anthony M.(Justice Armstead, concurring, in part, and dissenting, in part)

West Virginia Supreme Court

Decided March 25, 2025No. 22-858Separate

1Opinion of the Court

FILED No. 22-858, State of West Virginia v. Anthony M. March 25, 2025 released at 3:00 p.m. C. CASEY FORBES, CLERK Armstead, Justice, concurring, in part, and dissenting, in part: SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent from the majority’s conclusion that Petitioner Anthony M.’s double jeopardy rights1 were violated based on his convictions for malicious assault and wanton endangerment with a firearm. A jury found him guilty of both offenses after being properly instructed on the elements of each crime. Petitioner did not object to these jury instructions, nor did he raise any…

2Cases cited16 opinions

  1. State v. LaRockWest Virginia Supreme Court · 1996
  2. Peretz v. United StatesSupreme Court of the United States · 1991
  3. State v. MillerWest Virginia Supreme Court · 1996
  4. State v. GillWest Virginia Supreme Court · 1992
  5. State v. ZaccagniniWest Virginia Supreme Court · 1983

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