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State v. Mitchell

12/5/2003

Nowhere in Ms. Mitchell's brief does she cite or quote the record to show where the circuit court engaged in any conduct that would be remotely indicative of an abuse of discretion by the circuit court. This Court has previously adhered to the rule that "[a]lthough we liberally construe briefs in determining issues presented for review, issues which are not raised, and those mentioned only in passing but are not supported with pertinent authority, are not considered on appeal." State v. LaRock, 196 W.Va. 294, 302, 470 S.E.2d 613, 621 (1996). Accord State v. Allen, 208 W.Va. 144, 162, 539 S.E.2d 87, 105 (1999); State v. Easton, 203 W.Va. 631, 642 n.19, 510 S.E.2d 465, 476 n.19 (1998); State v. Lilly, 194 W.Va. 595, 605 n.16, 461 S.E.2d 101, 111 n.16 (1995). Ms. Mitchell's argument is not supported with pertinent authority, and is consequently considered to be abandoned. IV. CONCLUSION For the reasons stated above, we reverse Ms. Mitchell's conviction and remand for a new trial. Reversed and remanded.

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