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West Virginia Supreme Court· 6/25/1999

State v. Guthrie

Citations

  • 518 S.E.2d 83
  • 205 W. Va. 326
  • 1999 W. Va. LEXIS 62

How courts have described this case

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

  • stating that party must object at trial and move for curative instruction to preserve issue of alleged improper closing argument for appeal
  • observing that, pursuant to the rape shield statute, only the victim’s sexual conduct “with persons other than the defendant” is excluded
  • concluding that no interrogation of defendant occurred during transport to police headquarters, in that the record failed to “suggest[] any subtle or overt coercive tactic being used by the police for the purpose of intimidating Mr. Guthrie into talking and incriminating himself”
  • concluding that no interrogation of defendant occurred during transport to police headquarters, -in • that the record failed to “suggest[ ] any subtle or overt coercive tactic being used by the police for the purpose of intimidating Mr. Guthrie into talking and incriminating himself’
  • stating the Wisconsin test “may be a viable analytical tool for constitutional analysis of an evidentiary issue brought under our rape shield statute,” while declining to adopt the test in that case
  • “The special safeguards outlined in Miranda are not required where a suspect is simply taken into custody, but rather only where a suspect in custody is subjected to interrogation. . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis

Read full opinion on CourtListener

Cited by

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

Cites

114 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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