Legal Opinion · Dissent

State v. Rush

West Virginia Supreme Court

Decided January 2, 2007No. 33035Published

1DissentMaynard, Justice

(Filed Dec. 4, 2006)

This case required the Court to determine whether the appellant’s conviction for two counts of voluntary manslaughter, robbery, nighttime burglary, and conspiracy to commit robbery should stand. The majority opinion concluded that the appellant’s convictions should be reversed due to the inadmissibility on prompt presentment grounds of the statements the appellant made to law enforcement at 2:00 p.m. and thereafter on May 15, 2003. For the reasons outlined below, I believe that the majority of this Court has made a grave error in reversing the appellant’s conviction.…

2Cases cited2 opinions

  1. Oregon v. BradshawSupreme Court of the United States · 1983
  2. State v. James L.P.West Virginia Supreme Court · 1999

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