Rule 36 – Clerical mistakes

by | May 14, 2021 | Criminal Procedure, West Virginia

Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.W.Va. R. Crim. P. 36Effective October 1,...

Rule 34 – Arrest of judgment

by | May 14, 2021 | Criminal Procedure, West Virginia

The court on motion of a defendant shall arrest judgment if the indictment or information does not charge an offense or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within ten days after verdict or...

Rule 33 – New trial

by | May 14, 2021 | Criminal Procedure, West Virginia

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional...

Rule 32 – Sentence and judgement

by | May 14, 2021 | Criminal Procedure, West Virginia

(a)In general; time for sentencing. – When a presentence investigation and report are made under subdivision (b)(1), sentence should be imposed without unnecessary delay following completion of the process prescribed by subdivision (b)(6). When a presentence...