Legal Opinion
State of West Virginia v. Daniel L. Herbert
West Virginia Supreme Court
Decided November 25, 2014No. 13-1264 & 13-0962Separate
1Opinion of the Court
Nos. 13-1264 & 13-0962 - State of West Virginia v. Daniel L. Herbert FILED November 25, 2014 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA LOUGHRY, Justice, concurring, in part, and dissenting, in part: The majority creates new law for West Virginia, but without support from any other jurisdiction in the entire country. Overturning recent precedent, the majority holds that in criminal trials, trial courts “shall require” a non-party witness to invoke the privilege against self-incrimination “in the presence of the jury.” This new rule of law is fraught with problems,…
2Cases cited51 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Ohio v. RobertsSupreme Court of the United States · 1980
- Washington v. TexasSupreme Court of the United States · 1967
- Maryland v. CraigSupreme Court of the United States · 1990
- Bridge v. StateCourt of Criminal Appeals of Texas · 1986
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