Skip to main content
· 7/23/1976

State Ex Rel. Johnson v. McKenzie

Citations

  • 226 S.E.2d 721
  • 159 W. Va. 795
  • 1976 W. Va. LEXIS 193

How courts have described this case

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

  • acknowledging that sentencing court has “ ‘jurisdiction of the criminal proceeding' ” (quoting State ex rel. Bradley v. Johnson, 152 W.Va. 655, 661, 166 S.E.2d 137, 141 (1969
  • approving the practice of resentencing defendants to extend the time for filing criminal appeals
  • acknowledging that sentencing court has “ ‘jurisdiction of the criminal proceeding' ” (quoting State ex rel. Bradley v. Johnson, 152 W.Va. 655, 661, 166 S.E.2d 137, 141 (1969), overruled on other grounds by State v. Eden, 163 W.Va. 370, 256 S.E.2d 868 (1979))
  • “[T]his State does not require a transcript of trial proceedings as a condition precedent to the right of appeal . . . .”
  • “[T]his State does not require a transcript of trial proceedings as a condition precedent to the right of appeal____”
  • “The statute proscribing the appeal period is mandatory and jurisdictional.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Flowers

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.