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State v. Davis, 1954 Supreme Court of Appeals of West Virginia

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State v. Davis, 1954 Supreme Court of Appeals of West Virginia

What State v. Davis, 1954 is and why it matters

State v. Davis, 1954 is a published opinion issued by the Supreme Court of Appeals of West Virginia. As a recorded appellate decision, the opinion contains factual background, legal issues presented, the court's reasoning, and a holding that may be cited in subsequent West Virginia litigation. Practitioners consult the opinion for precedent, to understand how courts resolved the particular legal question presented, and to track any subsequent history or treatment in later cases.

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.

When this decision is useful in practice

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

Follow these sequential steps when locating, citing, and presenting the case to ensure accurate citation and defensible reliance.

  • 01
    Locate: Find the official reporter citation and the published opinion text.
  • 02
    Pin-cite: Identify the exact page or paragraph supporting your point.
  • 03
    Check history: Confirm the case has not been reversed, overruled, or otherwise weakened.
  • 04
    Contextualize: Explain factual similarities and legal distinctions for the court.

Configuring a digital workflow for court citation and filing

When preparing electronic filings or briefs, configure document fields and workflow rules to ensure consistent citation insertion and version control.

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

Follow the court's e-filing protocol and local rules when filing briefs or motions that rely on this opinion.

  • 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

Meet procedural deadlines for notices, appeals, and responsive briefing; timing affects whether an opinion can be invoked or preserved.

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

A typical milestone sequence helps teams coordinate research, drafting, review, and filing when relying on an appellate opinion.

01

Research and verification

Locate opinion text and verify subsequent history before drafting

02

Drafting and quoting

Draft text with accurate pin cites and quotation formatting

03

Internal review

Confirm accuracy, citations, and procedural posture during review

04

File and serve

E-file brief and serve opposing parties with proof

Risks of incorrect citation or reliance

Miscalculation: Incorrect pin cite
Overreliance: Cited authority later reversed
Jurisdiction mismatch: Out-of-state persuasive only
E-filing rejection: Noncompliant file format
Missing exhibit: Failure to attach opinion
Authentication failure: Signer identity not verified

Practical ways State v. Davis is used in filings and research

Below are two representative scenarios showing how an appellate opinion may be integrated into legal work.

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

Adopt consistent habits to reduce citation errors and preserve the authority of the opinion in court submissions.

Verify subsequent history
Confirm the case has not been reversed or distinguished using a citator service before citing it in pleadings.
Use precise pin cites
Cite exact page or paragraph numbers to direct the court to the most relevant language.
Attach the opinion
Include the official reporter PDF as an exhibit to assist clerks and judges in locating the decision quickly.
Conform to local rules
Follow formatting, e-filing, and quotation rules specified by the court or jurisdiction.

eSignature pricing and capability comparison for legal workflows

Comparing common vendors helps budget for electronic signature and workflow tools used to manage filings, exhibits, and consented documents.

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

Answers to common questions about locating, citing, and electronically submitting the opinion for court use.


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