Legal Opinion · Dissent

State v. Ferrell

West Virginia Supreme Court

Decided December 19, 1990No. 19401Published

1DissentMiller, Justice

I

I must disagree with the majority’s conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error.

The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. It must be remembered, however, that the State’s case was based entirely on circumstantial evidence. The defendant was not seen with Cathy…

2Cases cited24 opinions

  1. State v. Edward Charles L.West Virginia Supreme Court · 1990
  2. State v. ThomasWest Virginia Supreme Court · 1974
  3. People v. CollinsCalifornia Supreme Court · 1968
  4. State v. DolinWest Virginia Supreme Court · 1986
  5. State v. AtkinsWest Virginia Supreme Court · 1979

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API