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Introduced Version House Bill 4005 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Introduced

House Bill 4005

By Delegates, Shott, Miller, C., Hanshaw, Lane, Zatezalo, Ellington, Sobonya, Deem, Capito, Romine, C., and Mr. Speaker, (Mr. Armstead)

[Introduced January 12, 2018; referred to the Committee on the Judiciary.]

 A BILL to amend and reenact §58-5-1 of the Code of West Virginia, 1931, as amended, relating to appeals as a matter of right in the West Virginia Supreme Court of Appeals; and providing that all appeals shall be afforded a full and meaningful review, an opportunity to be heard, and a written decision on the merits.

Be it enacted by the Legislature of West Virginia:


ARTICLE 5. APPELLATE RELIEF IN SUPREME COURT OF APPEALS.


§58-5-1. Appeal as a matter of right; when appeal lies.

(a) All appeals shall be afforded a full and meaningful review, and an opportunity to be heard, by the West Virginia Supreme Court of Appeals, and a written decision on the merits shall be issued, as a matter of right.

(b) A party to a civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circuit court that there is no just reason for delay and upon an express direction for the entry of judgment as to such claims or parties.

(c) The defendant in a criminal action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court in which there has been a conviction or which affirms a conviction obtained in an inferior court.

 

NOTE: The purpose of this bill is to clarify that appeals to the Supreme Court are a matter of right and that every party has an opportunity to be heard and to obtain a written decision on the merits of the appeal.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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