Skip to main content
· 4/23/2014

SER Bryan D. Thompson v. Hon. Joseph C. Pomponio, Judge

Citations

  • 233 W. Va. 212
  • 757 S.E.2d 636
  • 2014 WL 1659327
  • 2014 W. Va. LEXIS 450

How courts have described this case

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

  • rejecting State’s argument that language of plea agreement was ambiguous, and holding that any ambiguity must be construed against State
  • rejecting State’s argument that language of plea agreement was ambiguous, and holding that any ambiguity must be construed against State
  • rejecting State’s argument that language of plea agreement was ambiguous, and holding that any ambiguity must be construed against State
  • “[T]he burden of insuring both precision and clarity in a plea agreement is imposed on the State. Consequently, the existence of ambiguity in a court-approved plea agreement will be construed against the State and in favor of the defendant.”
  • “‘A prosecuting attorney or his successor is bound to the terms of a plea agreement once the defendant enters a plea of guilty or otherwise acts to his substantial detriment in reliance thereon. Syllabus, State ex rel. Gray v. McClure, 161 W. Va. 488, 242 S.E.2d 704 (1978
  • “ ‘A prosecuting attorney or his successor is bound to the terms of a plea agreement once the defendant enters a plea of guilty or otherwise acts to his substantial detriment in reliance there on. Syllabus, State ex rel. Gray v. McClure, 161 W.Va. 488, 242 S.E.2d 704 (1978

Source: CourtListener parenthetical corpus (CC0).

Judges: Loughry

Read full opinion on CourtListener

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.