State v. Davis
West Virginia Supreme Court
1DissentMaynard, Justice
(Filed June 8, 2007)
I would affirm the judgment of the trial court below because the defendant waived all appealable errors, and the alleged error of which he now complains to this Court simply does not rise to the level of plain error as it has been previously articulated by this Court.
The defendant challenges the jury instructions and supplemental jury instructions given by the trial judge alleging that they were ambiguous and failed to properly state all the elements of the offense of second-degree murder of which the defendant was convicted. The record before us shows that the defendant’s…
2Cases cited6 opinions
- State v. GuthrieWest Virginia Supreme Court · 1995
- State v. MillerWest Virginia Supreme Court · 1995
- State v. LaRockWest Virginia Supreme Court · 1996
- State v. HatfieldWest Virginia Supreme Court · 1982
- State v. TriplettWest Virginia Supreme Court · 1992
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