State v. Abdelhaq

Yasser Abdelhaq argued that his conviction for first-degree murder should be reversed and that the indictment should be dismissed because an investigating police officer was. a member of the grand jury that indicted him. The majority opinion concluded that, under our recent decision in State v. Barnhart, 211 W.Va. 155, 563 S.E.2d 820 (2002), the conviction had to be reversed and the indictment dismissed without prejudice. While I believe it is a close call as to the preservation of this issue for appeal purposes, I concur in the majority’s disposition of that issue.

*275I am compelled to write…