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Full-Text Articles in Law

Meet The New Chief, Same As The Old Chief: A Coherent Solution To The Problem Of Prior Conviction Proof Procedures, Robert Barnhart Apr 2024

Meet The New Chief, Same As The Old Chief: A Coherent Solution To The Problem Of Prior Conviction Proof Procedures, Robert Barnhart

West Virginia Law Review

Conventional wisdom tells attorneys they can avoid having the jury learn about criminal defendants’ prior convictions if the client exercises their right to not testify at trial. Conventional wisdom is wrong. Myriad status crimes, sentence enhancing specifications, and substantive offenses make prior convictions an element of the offense, ensuring the prosecution can introduce them as a matter of course during the prosecution’s case-in-chief. The seminal Supreme Court Case, Old Chief v. United States, provided some relief to criminal defendants by allowing them to stipulate to their status as a felon prohibited from possessing weapons to avoid having the jury learn …


Criminal Law--Trial--Presence Of Accused During Trial, J. C. A. Dec 1938

Criminal Law--Trial--Presence Of Accused During Trial, J. C. A.

West Virginia Law Review

No abstract provided.


The Science Of Judicial Proof, H. B. Cooley Jun 1938

The Science Of Judicial Proof, H. B. Cooley

West Virginia Law Review

No abstract provided.


Waiver Of Trial By Jury; A Further Comment, Leo Carlin Apr 1935

Waiver Of Trial By Jury; A Further Comment, Leo Carlin

West Virginia Law Review

No abstract provided.


How To Prove A Prima Facie Case, T. W. Arnold Feb 1929

How To Prove A Prima Facie Case, T. W. Arnold

West Virginia Law Review

No abstract provided.


Reversal And Retrial Exclusively On The Quantum Of Damages, L. C. Jan 1918

Reversal And Retrial Exclusively On The Quantum Of Damages, L. C.

West Virginia Law Review

No abstract provided.