State v. Harriston

Harshbarger, Justice:

After having been tried by a jury which could not agree, Steven Harriston was again tried, and convicted by a jury in the Circuit Court of Mingo County of delivery of marijuana and sentenced to one to five years in the penitentiary.

The State’s evidence was that he sold a quantity of the substance to Trooper Faulknier, a state police undercover agent.

I

Did the court err in allowing Faulknier to be excluded from witness sequestration? The government moved for sequestration of witnesses, asking at the same time that the trooper be allowed to remain and “assist the State.”…