Legal Opinion

State v. Sims

West Virginia Supreme Court

Decided November 14, 1978No. 13906PublishedCited by 116 opinions

1Opinion of the Court

Miller, Justice:

Paul Sims, after pleading guilty to first degree murder, contends that he was coerced into the plea as a result of the trial court’s ruling in connection with the felony-murder rule.

The claimed coercion occurred when the trial court ruled preliminarily to the trial that as a matter of law Sims’ defense of an accidental discharge of his shotgun during the commission of a burglary would not permit the jury to reduce the crime below first degree murder. We refuse to overturn the guilty plea.

The operative facts are these: Around 2:00 a.m. on January 16, 1976, the defendant Paul…

2Cases cited75 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. Blackledge v. AllisonSupreme Court of the United States · 1977
  4. Mullaney v. WilburSupreme Court of the United States · 1975
  5. Tollett v. HendersonSupreme Court of the United States · 1973

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

3Cited by116 opinions

  1. Losh v. McKenzieWest Virginia Supreme Court · 1981
  2. State v. HatfieldWest Virginia Supreme Court · 1982
  3. State v. JuliusWest Virginia Supreme Court · 1991
  4. State v. WilliamsWest Virginia Supreme Court · 1983
  5. State v. HumphreyWest Virginia Supreme Court · 1986

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

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