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West Virginia Supreme Court· 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

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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