Legal Opinion
State v. Bias
West Virginia Supreme Court
Decided December 10, 1986No. CC 958PublishedCited by 10 opinions
1Opinion of the Court
McHUGH, Justice:
Pursuant to W. Va. R. App. P. 13 and W. Va. Code, 58-5-2 [1967], the Circuit Court of Logan County, West Virginia (the trial court) has certified the following two questions:(1) Does the trial court lack jurisdiction to try a criminal defendant who was on three occasions between 1969 and 1973 found to be incompetent to stand trial and was committed to a state mental hospital, by virtue of State ex rel. Walker v. Jenkins, 157 W. Va. 683, 203 S.E.2d 353 (1974), and by virtue of W. Va. Code, 27-6A-2, as effective in 1974?(2) Does the court lack jurisdiction to try this defendant,…
2Cases cited43 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Jackson v. IndianaSupreme Court of the United States · 1972
- United States v. MacDonaldSupreme Court of the United States · 1982
- Hull v. StateCourt of Criminal Appeals of Texas · 1985
38 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. PaynterWest Virginia Supreme Court · 1999
- Marano v. HollandWest Virginia Supreme Court · 1988
- State of West Virginia v. Steward ButlerWest Virginia Supreme Court · 2017
- Morris v. PainterWest Virginia Supreme Court · 2002
- State v. MooreWest Virginia Supreme Court · 1987
5 more not listed; retrieve them via the Exa API.