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· 3/12/2009

State Ex Rel. Smith v. McBride

Citations

  • 681 S.E.2d 81
  • 224 W. Va. 196
  • 2009 W. Va. LEXIS 17

How courts have described this case

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

  • noting due to strength of evidence against defendant, third party’s confession was unlikely to change verdict
  • recognizing trial court has discretion to determine credibility of new evidence
  • evaluating credibility of new evidence and strength of other evidence of guilt in determining whether admission of confession would change trial outcome
  • addressing the requirements for granting a new trial based on newly-discovered evidence
  • addressing the requirements for granting a new trial based on newly-discovered evidence
  • describing “actual innocence” as term of art developed in federal jurisprudence

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Albright, Status, McHugh

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.