Legal Opinion

State v. Starkey

West Virginia Supreme Court

Decided May 2, 1978No. 13790PublishedCited by 220 opinions

1Opinion of the Court

Miller, Justice:

Randall Starkey appeals his conviction of attempted murder in the second degree. He assigns four grounds as error. First, the verdict is not supported by the evidence. Second, the State’s instruction on the use of a deadly weapon is erroneous. Third, the trial court erred in refusing his self-defense instruction. Fourth, the judge made prejudicial remarks about him in front of the jury.

The initial question of whether there was sufficient evidence to support the guilty verdict requires a brief examination of our standard of review. This Court has used two standards. One is…

2Cases cited36 opinions

  1. Mullaney v. WilburSupreme Court of the United States · 1975
  2. Patterson v. New YorkSupreme Court of the United States · 1977
  3. Boles v. StevensonSupreme Court of the United States · 1964
  4. State v. CainWest Virginia Supreme Court · 1882
  5. State v. PendryWest Virginia Supreme Court · 1976

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

3Cited by220 opinions

  1. State v. GuthrieWest Virginia Supreme Court · 1995
  2. State v. LaRockWest Virginia Supreme Court · 1996
  3. State v. MillerWest Virginia Supreme Court · 1996
  4. State v. HatfieldWest Virginia Supreme Court · 1982
  5. State v. AtkinsWest Virginia Supreme Court · 1979

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

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