St. Joseph's Hospital of Buckhannon, Inc. d/b/a St. Joseph's Hospital v. Stonewall Jackson Memorial Hospital Company and West Virginia Health Care Authority

How courts have described this case

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

• holding that if an omitted element is uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the error is harmless
• noting that errors in jury instructions are generally not reviewable if not objected at trial but are raised for the first time on appeal
• holding the omitted element was not harmless because the defense vigorously contested the omitted element
• holding it was reversible error where an element of the crime was misnumbered in the written instruction such that it may have effectively omitted several elements from the instruction
• explaining that the State must prove all elements of a charge
• finding \[t]he failure to clearly require the jury to find that an overt act was committed for the purpose of advancing the conspiracy relieved the state of its burden\

Source: CourtListener parenthetical corpus (CC0).