State v. Davis, 1954 Supreme Court of Appeals of West Virginia
What State v. Davis, 1954 is and why it matters
When this decision is useful in practice
State v. Davis, 1954 can provide controlling or persuasive precedent in West Virginia matters, clarify application of local statutes or rules, and help frame legal arguments on materially similar facts and legal issues.
Who typically references State v. Davis and how they use it
Practitioners and researchers consult this case when preparing briefs, motions, or legal histories that implicate West Virginia appellate precedent.
- Trial attorneys citing precedent in motions or responses, often to distinguish factual circumstances or legal rules.
- Appellate lawyers using the opinion to support or challenge legal holdings on appeal in West Virginia courts.
- Law students and researchers examining doctrinal development or historical application of state law concepts.
How to cite and rely on State v. Davis in a brief
-
01Locate: Find the official reporter citation and the published opinion text.
-
02Pin-cite: Identify the exact page or paragraph supporting your point.
-
03Check history: Confirm the case has not been reversed, overruled, or otherwise weakened.
-
04Contextualize: Explain factual similarities and legal distinctions for the court.
Configuring a digital workflow for court citation and filing
| Field | Configuration |
|---|---|
| Citation field mapping | Auto-populate case name and reporter citation from a central data source |
| Auto-populate reporter | Use a template to insert standard reporter abbreviations and pin cites |
| Attach opinion PDF | Embed or attach the official opinion PDF as an exhibit for easy reference |
| Signer authentication | Require attorney credentials or validated email for filing confirmations |
Electronic submission and file-format considerations
Courts and e-filing portals accept specific file formats and require reliable audit records for electronic submissions.
- Supported formats: PDF/A, PDF, DOCX
- Integrations: Common integrations include Microsoft 365 and Google Workspace
- Audit records: Timestamp, signer identity, and delivery log
Where to send or file materials that cite State v. Davis
-
Prepare filing: Compile brief, exhibits, and citation table in approved format
-
E-file: Upload via the court's e-filing portal or clerk's office system
-
Serve parties: Serve opposing counsel per local rules and include proof of service
-
Retain logs: Save submission receipts and audit trails for the record
Typical timing considerations for filings that rely on precedent
Notice of appeal timing:
Follow local rules for appeal filing deadlines; missing deadlines forfeits review
Briefing schedule:
Observe court-ordered briefing timelines to preserve reliance on authority
Citations in motions:
Provide cited authorities at the time of filing to avoid later supplementation
Response periods:
Serve and file responses in accord with local civil or criminal rules
E-filing cutoffs:
Confirm portal maintenance windows and filing cutoff times
Key milestones from drafting to filed brief
Research and verification
Locate opinion text and verify subsequent history before drafting
Drafting and quoting
Draft text with accurate pin cites and quotation formatting
Internal review
Confirm accuracy, citations, and procedural posture during review
File and serve
E-file brief and serve opposing parties with proof
Risks of incorrect citation or reliance
Practical ways State v. Davis is used in filings and research
Appellate Use
A lawyer cites State v. Davis for a legal principle relevant to the appeal
- Pin-cite the controlling language supporting the proposition
- The brief explains factual similarities, distinguishes non-applicable aspects, and attaches the opinion as an exhibit to aid judicial review.
Scholarly Reference
A law review article analyzes State v. Davis in doctrinal context
- Extracts and quotes key passages with proper pin cites
- The article situates the opinion in the broader development of state law and cites subsequent treatment.
Best practices when relying on State v. Davis in writing or filing
eSignature pricing and capability comparison for legal workflows
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | 7-day trial | Varies by plan | Varies by plan | Varies by plan | Varies by plan |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies by plan | Varies by plan | Varies by plan |
Frequently asked questions about using State v. Davis in filings
-
How do I confirm the official citation?
Use the West Virginia Reports citation as the official reporter reference. Cross-check the citation against the court's published opinion or an official reporter to ensure accuracy.
-
Can I rely on the case outside West Virginia?
Out-of-state courts may treat the decision as persuasive only. Explain jurisdictional differences and distinguish material facts if relying on the opinion in another state.
-
How do I check subsequent treatment?
Use citator services (for example, Shepard's or KeyCite) or official court databases to determine whether later opinions have affirmed, distinguished, or overruled the decision.
-
Are electronic attachments acceptable in filings?
Most courts accept PDF attachments via approved e-filing systems. Verify the receiving court's technical and formatting requirements before submission.
-
What if a pin cite is disputed?
Reconfirm the reporter pagination and, if necessary, provide both the reporter citation and an internal paragraph reference to avoid ambiguity.
-
How should I preserve proof of filing and service?
Retain e-filing confirmation receipts, service emails, and timestamped audit logs. These records support compliance with procedural rules and proof of service.