State ex rel. Smith v. Sims

3 Citing cases

  1. United States v. Acoff

    No. 23-4125 (4th Cir. Feb. 16, 2024)

    Banks, who had also been shot, ran to the police station. State ex. re. Smith v. Sims, 814 S.E.2d 264, 267 (W.Va. 2018). Acoff testified at his trial that, although he fired shots at Coleman and Banks, he did so in self-defense.

  2. Cook v. Pszczolkowski

    No. 20-0802 (W. Va. Mar. 31, 2022)   Cited 2 times

    State v. Frazier, 162 W.Va. 935, 253 S.E.2d 534 (1979). Syl. Pt. 2, State ex rel. Smith v. Sims, 240 W.Va. 601, 814 S.E.2d 264 (2018). During the guilt phase of the trial, petitioner presented several experts who provided testimony regarding his mental health, including "pharmacology adverse drug reactions."

  3. Payne v. Ames

    No. 17-0730 (W. Va. Jan. 14, 2019)   Cited 1 times

    We have previously held that the deference afforded to circuit courts in determining whether newly discovered evidence warrants the grant of a new trial "is due, in part, to the superior position the trial judge holds when assessing the credibility of the new evidence, an essential component of the determination of whether the evidence would make a different result on retrial probable." State ex rel. Smith v. Sims, 240 W.Va. 601, 607, 814 S.E.2d 264, 270 (2018) (citation omitted). Also, "[a] confession by another person . . . does not invariably require a new trial; the integrity of the confession is for the trial court."