Legal Opinion

State v. Davis

West Virginia Supreme Court

Decided October 24, 2012No. 11-0587PublishedCited by 8 opinions

1Per curiam

The defendant/petitioner, Lisa Marie Davis (hereinafter “Ms. Davis”), appeals a circuit court order affirming a magistrate court’s ruling that she obstructed a police officer in violation of W.Va.Code § 61-5-17(a) [2001].1 Ms. Davis admits that she lied to a police officer during the course of a felony investigation and admits that the false statement she gave was a violation of W.Va.Code § 61-5-17(c). She argues, however, that making a false statement to a police officer is not a violation of W.Va.Code § 61-5-17(a), and that her conviction should be overturned because she was charged under…

2Cases cited12 opinions

  1. United States v. BatchelderSupreme Court of the United States · 1979
  2. Chrystal R.M. v. Charlie A.L.West Virginia Supreme Court · 1995
  3. State v. ElderWest Virginia Supreme Court · 1968
  4. Burgess v. PorterfieldWest Virginia Supreme Court · 1996
  5. State v. FlinnWest Virginia Supreme Court · 1974

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3Cited by8 opinions

  1. Tiffanie Hupp v. State Trooper Seth CookCourt of Appeals for the Fourth Circuit · 2019
  2. Jafary v. WardDistrict Court, S.D. West Virginia · 2021
  3. Jafary v. WardDistrict Court, S.D. West Virginia · 2021
  4. Jenkins v. KinserDistrict Court, N.D. West Virginia · 2021
  5. Owens v. The City Of PennsboroDistrict Court, N.D. West Virginia · 2022

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