Legal Opinion · Dissent

State v. McClain

West Virginia Supreme Court

Decided March 29, 2002No. 29839Published

1DissentDavis, Chief Justice

(Filed March 27, 2002)

In this criminal ease, the defendant asserts that the circuit court was obligated to credit him for time served in jail pending his conviction. The circuit court declined to give the defendant such credit reasoning that the court had suspended imposition of the sentence and placed the defendant on probation with a condition of six months in jail. The majority opinion has determined that, because a condition of probation included six months confinement, the circuit court was constitutionally obligated to credit the defendant for time served pending his conviction. The…

2Cases cited8 opinions

  1. State v. DukeWest Virginia Supreme Court · 1997
  2. State Ex Rel. Strickland v. MeltonWest Virginia Supreme Court · 1968
  3. State Ex Rel. Goff v. MerrifieldWest Virginia Supreme Court · 1994
  4. People v. JaynesMichigan Court of Appeals · 1970
  5. Williams v. StateDistrict Court of Appeal of Florida · 1996

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