Skip to main content
· 12/18/1981

State Ex Rel. Miller v. Smith

Citations

  • 285 S.E.2d 500
  • 168 W. Va. 745
  • 1981 W. Va. LEXIS 820

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • prosecuting attorney should not attempt to influence the grand jury by means other than presentation of evidence or giving court supervised instructions
  • prosecuting attorney should not attempt to influence the grand jury by means other than presentation of evidence or giving court supervised instructions
  • “Prosecuting attorneys are executive officers, see W. Va. Const, art. VII, § 1; W. Va.Code § 5-3-2 (1979 Replacement Vol.), § 7-4-1, and in the performance of their executive duties they are not subject to the judicial writ of prohibition!;.]”
  • “Prosecuting attorneys are executive officers, see W. Va. Const. art VII, § 1; W. Va. Code § 5-3-2 (1979 Replacement Vol.), §7-4-1, and in the performance of their executive duties they are not subject to the judicial writ of prohibition[.]”
  • “Prosecuting attorneys are executive officers, see W. Va. Const. art VII, § 1; W. Va. Code § 5-3-2 (1979 Replacement Vol.), §7-4-1, and in the performance of their executive duties they are not subject to the judicial writ of prohibition[.]”
  • as a result of the increased use of testimonial privileges, grand juries have lost their independence and become dominated by prosecutors

Source: CourtListener parenthetical corpus (CC0).

Judges: McGraw

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.