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· 9/29/2014

State of West Virginia v. Marcus Patrele McKinley

Citations

  • 234 W. Va. 143
  • 764 S.E.2d 303
  • 2014 W. Va. LEXIS 977

How courts have described this case

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

  • acknowledging that an opinion’s “syllabus is not intended to be an exhaustive recitation of every item decided in the case, and must be read in light of the opinion as a whole”
  • acknowledging that an opinion’s “syllabus is not intended to be an exhaustive recitation of every item decided in the case, and must be read in light of the opinion as a whole”
  • outlining precedential authority of opinions issued by our Supreme Court of Appeals of West Virginia including, that memorandum decisions are unpublished opinions of limited persuasion and conflicting published opinions take precedence
  • “Our cases have consistently held that evidence which is ‘intrinsic’ to the indicted charge is not governed by Rule 404(b).”
  • “This Court will use signed opinions when new points of law are announced and those points will be articulated through syllabus points as required by our state constitution.”
  • “Events, declarations and circumstances which are near in time, causally connected with and illustrative of transactions being investigated are generally considered res gestae and admissible at trial.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis

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.