Legal Opinion
State v. Bush
West Virginia Supreme Court
Decided June 5, 1979No. 14005PublishedCited by 72 opinions
1Opinion of the Court
McGraw, Justice:
Phillip Bush appeals from his felony conviction for forcible rape, see, W. Va. Code § 62-2-15 [1965]. His pri mary claim is that the trial court committed error in denying defense counsels’ motion for continuance, thereby denying him effective assistance of counsel as guaranteed by the Constitutions of West Virginia and the United States.
We find the trial court abused its discretion in refusing to grant a continuance, and we reverse the conviction.
The significant pre-trial events which give rise to this assignment of error are as follows: On February 12, 1975, the defendant…
2Cases cited23 opinions
- Avery v. AlabamaSupreme Court of the United States · 1940
- State v. ThomasWest Virginia Supreme Court · 1974
- Victor Dennis Marzullo v. State of MarylandCourt of Appeals for the Fourth Circuit · 1977
- Alfred Coles v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1968
- United States v. Terry Ray UptainCourt of Appeals for the Fifth Circuit · 1976
18 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- In Interest of Tiffany Marie S.West Virginia Supreme Court · 1996
- State v. DolinWest Virginia Supreme Court · 1986
- State v. HatfieldWest Virginia Supreme Court · 1982
- State v. CooperWest Virginia Supreme Court · 1983
- State v. DemastusWest Virginia Supreme Court · 1980
67 more not listed; retrieve them via the Exa API.