[DOWNLOAD] "State Ex Rel. Jesse W. White v. Richard G" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Jesse W. White v. Richard G
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 03, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
1. Criminal Law -- Inculpatory Statements -- Hearing Where there is a failure to hold an in camera hearing on the defendant's inculpatory statements, we recognize under Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), that the case will not be reversed for a new trial on this basis alone. Instead, it will be remanded for a voluntariness hearing before the trial court. If the trial court finds the statements are voluntary the verdict will stand. If, on the other hand, he finds the statements to be involuntary, the verdict will be set aside unless the trial court determines that this constitutional error is harmless beyond a reasonable doubt. Syllabus Point 5, State v. Clawson, 165 W.Va. 588, 270 S.E.2d 659 2. Criminal Law -- Confession -- Reversible Error Syllabus Point 1 of State v. Fortner, 150 W.Va. 571, 148 S.E.2d 669 (1966), is overruled to the extent that it states that the failure to hold an in camera hearing on the voluntariness of a confession constitutes reversible error. We also overrule similar language occurring in syllabus points of other post- Fortner cases.