· 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 CourtListenerSourced 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.