State v. Smith

648 S.E.2d 71 (2007)

STATE of West Virginia, Plaintiff Below, Appellee,

v.

Julian R. SMITH, Defendant Below, Appellant.

No. 33171.

Supreme Court of Appeals of West Virginia.

Submitted: May 9, 2007.

Decided: June 13, 2007.

Concurring Opinion of Justice Albright June 28, 2007.

Dissenting Opinion of Justice Maynard June 27, 2007.

Paula M. Cunningham, Esq., Deputy Public Defender, Wendy A. Campbell, Esq., Assistant Public Defender, Kanawha County, Office of the Public Defender, Charleston, for the Appellant.

Darrell V. McGraw, Jr., Esq., Attorney General, James W. Wegman, Esq., Assistant Attorney General,…