· 3/23/2022
State of West Virginia v. David Uphold
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that identification procedure not unnecessarily suggestive where eyewitness may have heard on police radio that he was going to view suspect
- handcuffing suspect and placing him at rear of cruiser for short duration to conduct identification procedure did not amount to arrest
- “That more than one person inflicted the victim’s injuries could have been inferred based on the extensive and different injuries . . .”
- jury may infer deliberate premeditation based on nature and extent of victim’s injuries and lengthy nature of attack
- good reason existed for showup identification within one hour after murder and armed robbery
- prosecutor’s description of victim’s disturbing injuries, suggestion of torture, and statement that “no one deserves to die that way” relevant to whether defendants acted with extreme atrocity or cruelty
Source: CourtListener parenthetical corpus (CC0).
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.