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West Virginia Supreme Court· 7/21/1995

State v. Phillips

Citations

  • 461 S.E.2d 75
  • 194 W. Va. 569

How courts have described this case

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

  • accepting the constitutional analysis contained in Ross but upholding per se reversal based on statutory right to exercise peremptories against a panel free from exception
  • “Giving deference to the trial court’s determination, because it was able to observe the [witnesses’] demeanor and assess their credibility”
  • noting that the defendant had not opened the door to the admission of a murdered wife's hearsay statement of her fear of her husband, the defendant, in the prosecution’s case-in-chief because the defendant had not had an opportunity to present evidence that the marriage was a happy one
  • noting that the defendant had not opened the door to the admission of a murdered wife's hearsay statement of her fear of her husband, the defendant, in the prosecution's case-in-chief because the defendant had not had an opportunity to present evidence that the marriage was a happy one
  • “Giving deference to the trial court’s determination, because it was able to observe the [witnesses’] demeanor and assess their credibility”
  • stating “[f]or the purposes of the Confrontation Clause found in the Sixth Amendment to the United States Constitution[,] ... no independent inquiry into reliability is required when the evidence falls within a firmly rooted hearsay exception.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cleckley, Brotherton, Recht, Miller, Fox, Workman

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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