[DOWNLOAD] "State West Virginia v. Joseph Hanson" by Supreme Court of Appeals of West Virginia # Book PDF Kindle ePub Free

July 05, 2021

eBook details

Title: State West Virginia v. Joseph Hanson
Author : Supreme Court of Appeals of West Virginia
Release Date : January 16, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

1. "The plain error doctrine contained in Rule 30 and 52(b) of the West Virginia Rules of Criminal Procedure is identical.
It enables this Court to take notice of error, including instructional error occurring during the proceedings, even though
such error was not brought to the attention of the trial court. However, the doctrine is to be used sparingly and only in
those circumstances where substantial rights are affected, or the truth-finding process is substantially impaired, or a miscarriage
of Justice would otherwise result." Syllabus Point 4, State v. England, 180 W.Va. 342, 376 S.E.2d 548 (1988). 2. "The State must prove, at least by a preponderance of the evidence, that confessions or statements of an accused which
amount to admissions of part or all of an offense were voluntary before such may be admitted into the evidence of a criminal
case." Syllabus Point 5, State v. Starr, 158 W.Va. 905, 216 S.E.2d 242 (1975).