West Virginia Supreme Court· 11/4/1998

State v. Salmons

Citations

509 S.E.2d 842
203 W. Va. 561
1998 W. Va. LEXIS 154

How courts have described this case

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

holding that when a defendant raises error for first time on appeal, if State does not object, “actually briefs the matter, and the record is adequately developed on the issue” the Court may, in its discretion, review merits (emphasis added)
exeusing for cause jurors who admitted prejudice against homosexuals, and trial court was not convinced of their ability to put aside bias
excusing for cause jurors who admitted prejudice against homosexuals, and trial court was not convinced of their ability to put aside bias
reiterating that “‘[i]n a constitutional context, the [harmless error] doctrine is also applied because appellate courts are not bound to reverse for a technical violation of a fundamental right.’” (quoting State v. Blair, 158 W.Va. 647, 659, 214 S.E.2d 330, 337 (1975))
\[O]nce a reviewing court applying [ Brady ] has found constitutional error there is no need for further harmless-error review.\
\Failure to observe a constitutional right constitutes reversible error unless it can be shown that the error was harmless beyond a reasonable doubt.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis

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Cited by

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

Cites

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

Other cases named State v. Salmons

5 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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