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Crain v. Bordenkircher

Citations

  • 376 S.E.2d 140
  • 180 W. Va. 246
  • 1988 W. Va. LEXIS 224

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding by judicial branch directing executive branch to construct new correctional facility because of unconstitutional penitentiary conditions
  • recognizing jurisdiction over constitutional matters and holding that \[t]his Court has a duty to take such actions as are necessary to protect and guard the Constitution of the United States and the Constitution of the State of West Virginia\
  • recognizing jurisdiction over constitutional matters and holding that \[t]his Court has a duty to take such actions as are necessary to protect and guard the Constitution of the United States and the Constitution of the State of West Virginia\
  • appointing receiver to oversee closing of West Virginia penitentiary and construction of new facility
  • appointing receiver to oversee closing of West Virginia penitentiary and construction of new facility
  • ordering the State to pay for construction of a new jail if it failed to purge itself of contempt, and recognizing this rem- edy as “clearly a lesser evil” than the “release [of prisoners] from the penitentiary because of the unconstitutional condi- tions of confinement”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brotherton

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.