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· 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).

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.