Legal Opinion

State v. McGilton

West Virginia Supreme Court

Decided June 19, 2012No. 11-0410PublishedCited by 37 opinions

1Opinion of the Court

WORKMAN, Justice:

This case is before this Court upon appeal of a final order of the Circuit Court of Ohio County entered on January 12,2011. In that order, the petitioner, Brent Levi Victor McGilton, was convicted by a jury of three counts of malicious assault against his wife, Angela McGilton (hereinafter, “the victim”). In this appeal, the petitioner argues that the circuit court violated his double jeopardy protections by sentencing him for three counts of malicious assault for three wounds caused during the same course of conduct. The petitioner was sentenced to two to ten years on the…

2Cases cited68 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Yakus v. United StatesSupreme Court of the United States · 1944
  4. Blackledge v. PerrySupreme Court of the United States · 1974
  5. United States v. BroceSupreme Court of the United States · 1989

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3Cited by37 opinions

  1. State of West Virginia v. William B. ShingletonWest Virginia Supreme Court · 2016
  2. David Ballard, Warden v. Steve Lee DilworthWest Virginia Supreme Court · 2013
  3. State of West Virginia v. Mitchell ColesWest Virginia Supreme Court · 2014
  4. State of West Virginia v. Robert Lee LewisWest Virginia Supreme Court · 2015
  5. State of West Virginia v. Ronald GoinsWest Virginia Supreme Court · 2013

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

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