Legal Opinion

In Re Greg H.

West Virginia Supreme Court

Decided December 11, 2000No. 27769PublishedCited by 8 opinions

1Per curiam

This case presents the straightforward issue of whether a magistrate, sitting as juvenile referee, may order that a juvenile undergo an improvement period pursuant to W. Va.Code § 49-5-9(b) (1998). For the reasons set forth below, we determine that a circuit court judge is the only judicial officer authorized to take such action.

I

BACKGROUND

The appellant, Greg H., 1 was allegedly involved in an altercation at Princeton High School on March 10,1999, which resulted in a petition of delinquency later being filed in the Circuit Court of Mercer County. A preliminary hearing was held on April 19,…

2Cases cited30 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. In Interest of Tiffany Marie S.West Virginia Supreme Court · 1996
  3. Colautti v. FranklinSupreme Court of the United States · 1979
  4. Chrystal R.M. v. Charlie A.L.West Virginia Supreme Court · 1995
  5. Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932

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3Cited by8 opinions

  1. Affiliated Construction Trades Foundation v. University of West Virginia Board of TrusteesWest Virginia Supreme Court · 2001
  2. Leary v. McDowell County National BankWest Virginia Supreme Court · 2001
  3. Shepherdstown Observer, Inc. v. MaghanWest Virginia Supreme Court · 2010
  4. In Re BRANDI B.West Virginia Supreme Court · 2013
  5. Affiliated Construction Trades Foundation v. University of West Virginia Board of TrusteesWest Virginia Supreme Court · 2001

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