Legal Opinion · Concurrence

State v. Miller

West Virginia Supreme Court

Decided December 14, 1998No. 25168Published

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

  1. State v. MillerWest Virginia Supreme Court · 1996
  2. State v. LambertWest Virginia Supreme Court · 1984
  3. State v. WyattWest Virginia Supreme Court · 1997

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