[DOWNLOAD] "State West Virginia v. Gay Barrow" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free

March 04, 2021

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).