West Virginia Petition for Appeal of Bench Trial is a legal document used when an individual or business entity wishes to appeal a decision made by a court in a bench trial. A bench trial is a trial in which the judge acts as the fact-finder and makes the final decision instead of a jury. Examples of Petition for Appeal of Bench Trial in West Virginia include: 1. Petition for Appeal of a Guilty Verdict: This petition is used when a defendant wishes to appeal their conviction following a bench trial. 2. Petition for Appeal of an Unfavorable Judgment: This petition is used when a plaintiff wishes to appeal an unfavorable judgment following a bench trial. 3. Petition for Appeal of a Sentencing Order: This petition is used when a defendant wishes to appeal their sentence following a bench trial. 4. Petition for Appeal of a Denial of Post-Conviction Relief: This petition is used when a defendant wishes to appeal a denial of post-conviction relief following a bench trial.
West Virginia Petition for Appeal of Bench Trial
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How to fill out West Virginia Petition For Appeal Of Bench Trial?
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FAQ
Arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The reading of the indictment or information may be waived by the defendant in open court.
Typically, the petitioner's brief must be filed four months from entry of the final order being appealed, the respondent's brief must be filed forty-five days after the petitioner's brief, and any reply brief deemed necessary must be filed twenty days after the respondent's brief.
You generally cannot appeal a conviction stemming from a plea of guilty or no contest. But you can make a motion to withdraw a guilty plea or no contest plea. If a judge grants the motion, you are then given the chance to withdraw the prior plea and substitute it with a plea of not guilty.
- The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.
Any person convicted in a district court of an offense not felonious shall have the right, at any time within ten days from such conviction, and whether or not such conviction was upon a plea of guilty, to appeal to the circuit court.
- After imposing sentence in a case which has gone to trial on a plea of not guilty, the court must advise the defendant of the right to appeal.
Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law. The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial.
(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was