West Virginia Supreme Court· 11/8/1985

State v. Miller

Citations

336 S.E.2d 910
175 W. Va. 616
1985 W. Va. LEXIS 648

How courts have described this case

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

holding that kidnapping was not incidental to sexual assault where victim was in defendant’s custody for over an hour, had been taken a consequential distance from home, and had been exposed to an increased risk of harm
In Gilkerson “we made it clear that we had abandoned the same transaction test as articulated in [Dowdy] ... for double jeopardy purposes and that it existed only as a procedural joinder rule[.]”
“In interpreting and applying a generally worded kidnapping statute, such as W.Va.Code, 61–2–14a, in a situation where another offense was committed, some reasonable limitations on the broad scope of kidnapping must be developed.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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

Cites

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

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