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West Virginia Resources on the Criminalization of Pregnancy and Reproductive Health
NACDL is providing resources regarding the Criminalization of Pregnancy and Reproductive Health to the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.
West Virginia Abortion Law Post-Dobbs
In 1848, Virginia passed a law criminalizing performing abortion procedures, except in certain cases where the act was done in “good faith, with the intention of saving the life of such woman or child.” This statute remains valid in West Virginia, post the state’s secession in 1863.
Buffey v. Ballard
Supreme Court of Appeals of West Virginia: Buffey v. Ballard; Opinion
Argument: The Supreme Court of Appeals, Workman,
C.J., held that:
 as a matter of first impression, Brady extends to plea
negotiations stage of proceedings;
 DNA evidence was favorable; and
 suppression of the evidence violated defendant's due
process rights under Brady.
Reversed and remanded with instructions.
Loughry, J., concurred and filed opinion.