Legal Opinion
State v. Kent
West Virginia Supreme Court
Decided April 30, 2009No. 34153PublishedCited by 9 opinions
1Opinion of the Court
DAVIS, Justice.
In this criminal appeal, we are asked whether double jeopardy has been violated when a defendant, who has been charged with first-degree murder under alternative theories of premeditation and felony murder, is first convicted of premeditated murder with no jury finding as to felony murder, but, upon retrial following reversal of the conviction, is found guilty under the alternative theory of felony murder.
I
FACTUAL AND PROCEDURAL HISTORY
On July 26, 1998, an officer of the Fairmont Police Department discovered the body of Thomas Allen in a van along the side of a dead-end road.…
2Cases cited25 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. BallSupreme Court of the United States · 1896
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3Cited by9 opinions
- State of Iowa v. Jeffrey John MyersSupreme Court of Iowa · 2019
- United States v. Isaac FeldmanCourt of Appeals for the Eleventh Circuit · 2019
- State Ex Rel. Taylor v. JanesWest Virginia Supreme Court · 2010
- State v. BenNew Mexico Court of Appeals · 2015
- State of West Virginia v. Clinton Frederick KnottsWest Virginia Supreme Court · 2023
4 more not listed; retrieve them via the Exa API.