Legal Opinion

State v. Preece

West Virginia Supreme Court

Decided July 14, 1989No. 18564PublishedCited by 27 opinions

1Opinion of the Court

McHUGH, Justice:

This case is before the Court upon the appeal of David Preece from the Wayne County Circuit Court’s denial of his motion for a new trial following his conviction for the felony offense of driving under the influence of alcohol which is a contributing cause of a fatality, pursuant to W Va.Code, 17C-5-2(a) [1986]. He was sentenced to serve one to three years in the penitentiary. 1 The issue before the Court in this case is whether a police officer who is investigating a traffic incident is required to provide Miranda 2 warnings to persons at the scene of the investigation prior…

2Cases cited57 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Florida v. RoyerSupreme Court of the United States · 1983
  5. United States v. MendenhallSupreme Court of the United States · 1980

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3Cited by27 opinions

  1. State v. FarleyWest Virginia Supreme Court · 1994
  2. State v. JuntillaWest Virginia Supreme Court · 2011
  3. State v. GuthrieWest Virginia Supreme Court · 1999
  4. State v. PotterWest Virginia Supreme Court · 1996
  5. State v. HopkinsWest Virginia Supreme Court · 1995

22 more not listed; retrieve them via the Exa API.

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