Revised Eligibility Affidavit Released

The Supreme Court of Appeals of West Virginia has updated the form used to determine eligibility for appointed or public defender counsel that streamlines and clarifies information. The revised form is also fillable and will automatically calculate totals. You can download the form here. It’s also always available on our homepage under the Quick Links on the right […] Continue reading

Case law summary: Rule 803(3) Hearsay Exception — Then-Existing Mental, Emotional, or Physical Condition

           Rule 803(3) of the West Virginia Rules of Evidence provides an exception to the rule against hearsay for  a statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory […] Continue reading