[DOWNLOAD] "State West Virginia v. Thomas Sheppard" by In the United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: State West Virginia v. Thomas Sheppard
• Author : In the United States Court of Appeals for the Fifth Circuit
• Release Date : January 10, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

1. "An adversary judicial criminal proceeding is instituted against a defendant where the defendant after his arrest is taken before a magistrate pursuant to W.Va. Code, 62-1-5 [1965], and is, inter alia, informed pursuant to W.Va. Code, 62-1-6 [1965], of the complaint against him and of his right to counsel. Furthermore, where the defendant at that magistrate proceeding expresses a desire to be represented by counsel, a subsequent pretrial identification of the defendant at a police initiated line-up or one-on-one police initiated confrontation between the defendant and a witness or crime victim, without notice to and in the absence of defense counsel, constitutes a violation of the defendants right to counsel under the Sixth Amendment to the Constitution of the United States and under art. III, § 14, of the Constitution of West Virginia, so as to preclude any trial testimony in regard to the identification procedure." Syllabus Point 1, State v. Gravely, W.Va. , 299 S.E.2d 375 (1982).

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