State v. Miller
West Virginia Supreme Court
1ConcurrenceStarcher, Justice
I join the Court’s per curiam opinion. I write separately for several reasons, but primarily to explain why I support this Court’s decision not to consider whether the unpre-served errors asserted by Ms. Miller constitute reversible error under the discretionary “plain error” doctrine.1
I also want to briefly discuss several important issues that I think are involved in this case, and how those issues relate to further proceedings reviewing Ms. Miller’s conviction and sentence.
I support the decision not to invoke the plain error doctrine because the asserted unpreserved errors are in large…
2Cases cited3 opinions
- State v. MillerWest Virginia Supreme Court · 1996
- State v. LambertWest Virginia Supreme Court · 1984
- State v. WyattWest Virginia Supreme Court · 1997