Legal Opinion
State Ex Rel. Trump v. Hott
West Virginia Supreme Court
Decided July 20, 1992No. 21093PublishedCited by 5 opinions
1Per curiam
The relator, Charles S. Trump, IV, Prosecuting Attorney for Morgan County, seeks a writ of prohibition to prevent the Honorable Donald C. Hott, Special Judge of the Circuit Court of Morgan County, from granting a new trial in the case of State v. Berger, Case No. 90-F-12. For the reasons stated below, we deny the writ.
Dennis G. Berger was convicted of four counts of second-degree sexual assault on November 4, 1991. On January 28, 1992, defense counsel filed a motion for new trial based upon an affidavit of one of the jurors, which asserted that during the second day of deliberations another…
2Cases cited56 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Irvin v. DowdSupreme Court of the United States · 1961
- Turner v. LouisianaSupreme Court of the United States · 1965
- Parker v. GladdenSupreme Court of the United States · 1966
- United States v. John Bagnariol, United States of America v. Gordon L. Walgren, United States of America v. Patrick GallagherCourt of Appeals for the Ninth Circuit · 1981
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3Cited by5 opinions
- State v. BrooksNorth Dakota Supreme Court · 1994
- Brooks v. HarrisWest Virginia Supreme Court · 1997
- State v. VetromileWest Virginia Supreme Court · 2002
- State v. DaughertyWest Virginia Supreme Court · 2006
- State v. BrooksNorth Dakota Supreme Court · 1994