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These rules shall govern procedure: (1) in appeals from orders and decisions of lower tribunals, administrative agencies, administrative law judges, the Health Care Authority, the Office of Judges, and the Workers' Compensation Board of Review to the Intermediate Court of Appeals of West Virginia; (2) in appeals from orders and decisions of ...
These rules govern the procedure in all criminal proceedings in the circuit courts of West Virginia, as defined in Rule 54(c); and whenever specifically provided in one of the rules, to criminal proceedings before West Virginia magistrates.
Our offices are in the Main Office of the Attorney General, at the State Capitol. Attorneys in the Appellate Division brief and argue appeals from circuit court criminal convictions and denials of writs of habeas corpus, and defend original jurisdiction prohibition, mandamus and post-conviction habeas corpus petitions filed with the West ...
Appeals from circuit court in criminal matters, juvenile proceedings, child abuse and neglect proceedings; Extraordinary writs involving habeas corpus and domestic violence; Cases requiring interpretation of the laws and constitutions of West Virginia and the United States.
A notice of appeal must be filed in the Supreme Court of Appeals of West Virginia 30 days after a sentencing order has been filed. Typically, appeals are filed in cases that go to trial. There are limited issues that can be appealed in cases resolved by way of a plea.
The Supreme Court of Appeal’s jurisdiction is defined in Article VIII, § 3 of the Constitution of West Virginia as well as recognized in the West Virginia Rules of Appellate Procedure and statutory provisions such as W.Va. Code§ 51-1-3 and W.Va. Code§ 58-5-1.
State v. Costello, 857 S.E.2d 51, 54 (W. Va. 2021). Chapter 22—APPEALS AND COLLATERAL ATTACKS The appellate standard of review of questions of law and certified by a circuit court is de novo. Similarly, the constitutionality of a statute is a ques-tion of law which the Supreme Court of Appeals of West Virginia reviews de novo. The supreme ...
