by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Authority to issue warrant. – Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Appearance before magistrate. – If a person is arrested on a warrant issued upon a complaint, information or indictment, or without a warrant for an offense alleged to have been committed in a county other than the county of arrest, all papers in the...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
W.Va. R. Crim. P. 39
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Reserved.(b)Imprisonment. – A sentence of imprisonment shall be stayed, pursuant to Chapter 62, Article 7, Section 1, of the West Virginia Code of 1931, as amended, upon request of the defendant if an appeal is taken from the conviction. If stayed, but the...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)How an appeal is taken. – (1)From a circuit court. – An appeal permitted by law from a circuit court to the Supreme Court of Appeals is taken by filing a notice of intent to appeal in the Office of the Clerk, West Virginia Supreme Court of Appeals...
by admin | 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,...
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