State v. Woodson

Miller, Justice:

The defendant, Dewaine Woodson, appeals a verdict by a jury in the Circuit Court of Lewis County convicting him of unlawful assault under W.Va.Code, 61-2-9. The defendant on appeal challenges the trial court’s ruling that an oral statement he made after he invoked his right to remain silent was admissible. We agree with the defendant’s position and find reversible error. The defendant also assigns as error other rulings made by the trial judge at the suppression hearing, which rulings we find to be correct. The State makes a cross-assignment of error regarding the suppression…