Legal Opinion

Jewell v. Maynard

West Virginia Supreme Court

Decided July 21, 1989No. 18320PublishedCited by 38 opinions

1Opinion of the Court

NEELY, Justice:

Today we must revisit a subject first addressed in State ex rel. Partain v. Oakley, 159 W.Va. 805, 227 S.E.2d 314 (1976), concerning the constitutionality of West Virginia’s system for providing counsel to indigents at state expense. In Partain, we held that the system in effect in 1976 was unconstitutional because rates of pay for indigent work were so low and the volume of appointed cases so burdensome that the system took lawyers’ property without just compensation. Partain, 159 W.Va. at 821-22, 227 S.E.2d at 322-323.

Although the Court in Partain did not prohibit involuntary…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  5. McMann v. RichardsonSupreme Court of the United States · 1970

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3Cited by38 opinions

  1. Kent A. Simmons Vs. State Public DefenderSupreme Court of Iowa · 2010
  2. Pickens v. StateSupreme Court of Arkansas · 1990
  3. Patrick D. Leggett v. EQT Production Co.West Virginia Supreme Court · 2017
  4. Recorder's Court Bar Ass'n v. Wayne Circuit CourtMichigan Supreme Court · 1993
  5. Clark v. StateNevada Supreme Court · 1992

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

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