State v. Lightner

(Filed Sept. 24, 1999)

In clear contrast to the view of the majority of this Court, I view a defendant’s right to a jury of twelve as a fundamental constitutional privilege. Indeed, the express directive contained in Article III, § 14 of the West Virginia Constitution, which commands that all criminal trials “shall be by a jury of twelve,” leaves room for no other conclusion. Thus, any deviation from this constitutional requirement must be accomplished through a knowing and intelligent waiver.1

This Court has consistently adhered to the view that “[cjertain constitutional rights are so…