[DOWNLOAD] "State West Virginia v. Gay Barrow" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Gay Barrow
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 07, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
1. If police initiate interrogation after a defendant's assertion, at an arraignment or similar proceeding, of his right to counsel, any waiver of the defendant's right to counsel for that police-initiated interrogation is invalid because it was taken in violation of the defendant's Sixth Amendment right to counsel. To the extent that State v. Wyer, W.Va. , 320 S.E.2d 92 (1984), is in conflict with this principle, it is overruled. 2. An adversary judicial criminal proceeding is instituted against a defendant where the defendant after his arrest is taken before a magistrate pursuant to W.Va.Code, 62-1-5 [1965], and is, inter alia, informed pursuant to W.Va.Code, 62-1-6 [1965], of the complaint against him and of his right to counsel. Syllabus Point 1, in part, State v. Gravely, W.Va. , 299 S.E.2d 375 (1982).
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