West Virginia Supreme Court· 5/21/1996

State v. Johnson

Citations

476 S.E.2d 522
197 W. Va. 575
1996 W. Va. LEXIS 37

How courts have described this case

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

describing the difference between broadening and narrowing charges in an indictment
“A judgment will not be reversed for any error in the record introduced by or invited by the party seeking reversal.” (internal quotations and citations omitted)
“[W]e now state that our current caselaw is that Blockburger is the only test to be used when determining whether multiple prosecu tions have violated the double jeopardy constitutional provisions in the state and federal constitutions.”
“ ‘A judgment will not be reversed for any error in the record introduced by or invited by the party seeking reversal.’ Syl. pt. 21, State v. Riley, 151 W.Va. 364, 151 S.E.2d 308 (1966).”
“[I]f the defendant is misled, is subjected to an added burden of proof, or is otherwise prejudiced, the difference between the proof at trial and the indictment is an actual or a constructive amendment of the indictment which is reversible error.”
superseded by rule on other grounds

Source: CourtListener parenthetical corpus (CC0).

Judges: McHUGH

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Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

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