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Updated: 11/10/05; 2:07:30 PM. |
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Office of the Clerk Case Topics: Criminal Information about WV Supreme Court cases in the area of criminal law CRIMINAL :: Use of play therapist testimony affirmed
STATE v. SHREWSBURY, No. 30597 (Per Curiam)(April 14, 2003). Affirming a conviction of seven counts of first degree sexual assault and four counts of first degree sexual abuse, with a sentence of four consecutive terms of one to five years in the penitentiary and five years probation imposed by the Circuit Court of Mercer County. Rejecting appellant's contention that the lower court improperly admitted the testimony of the children's play therapist regarding statements made by the alleged victims of abuse. [Permanent Link] Google It!CRIMINAL, HABEAS CORPUS :: Trial errors improper for habeas review
STATE EX REL. CRUPE v. YARDLEY, No. 30972 (Per Curiam)(Davis, J., dissenting)(April 14, 2003). Granting a moulded writ of habeas corpus for the limited purpose of resentencing, so that trial errors raised in the habeas petition--but more properly considered in the context of an appeal--may be presented at a later time. [Permanent Link] Google It!CRIMINAL :: Prompt presentment, Miranda warnings and polygraph-related testimony
STATE v. DEWEESE, No. 30733 (DAVIS, J.)(Maynard, J., dissenting)(April 15, 2003). Reversing a felony-murder conviction with a sentence of life without mercy imposed following a jury trial in the Circuit Court of Ritchie County. Finding that the defendant was not taken to a magistrate in Cabell County upon arrest, that he was transported to Ritchie County and held in jail for approximately fifteen hours before being presented to a magistrate, during which time he gave incriminating statements. Finding further that the defendant was not Mirandized prior to polygraph examinations. Holding that the trial court erred in not suppressing statements made by the defendant prior to his arraignment before a magistrate and during polygraph examinations. Addressing the applicability of Miranda warnings in the context of a polygraph examination, the waiver of Miranda rights, and factors for evaluating whether initial Miranda warnings have become stale. [Permanent Link] Google It!CRIMINAL :: Indictment dismissed in light of Barnhart
STATE v. ABDELHAQ, No. 30736 (Per Curiam)(Starcher, C.J. concurring)(Davis, J., and Maynard, J. concurring)(April 16, 2003). Reversing a conviction for first degree murder and sentence of life without mercy following a jury trial in the Circuit Court of Ohio County. Because the grand jury in the underlying action was tainted by the presence of the same police officer previously addressed in State v. Barnhart, 211 WV 155, 563 SE2d 820 (2002), holding that the matter is remanded for dismissal of the indictment, with double jeopardy not to prevent retrial, in light of the prior trial having taken place under a fatally defective indictment. [Permanent Link] Google It!CRIMINAL :: Disproportionate sentence STATE v. DAVID D.W., No. 30786 (Per Curiam)(Starcher, C.J., concurring)(Maynard, J., concurring)(Albright, J., concurring)(April 21, 2003). Affirming convictions for 38 counts of first degree sexual assault, 38 counts of incest, 38 counts of sexual abuse by a parent, guardian or custodian, and 38 counts of first degree sexual abuse, obtained following a jury trial in the Circuit Court of Jackson County. On proportionality grounds, reversing the sentence of 1,140 to 2,660 years in the penitentiary, and remanding to the circuit court for resentencing. [Permanent Link] Google It!
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