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· 3/10/1995

State v. Sugg

Citations

  • 456 S.E.2d 469
  • 193 W. Va. 388
  • 1995 W. Va. LEXIS 40

How courts have described this case

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

  • recognizing that “all the circumstances surrounding the interrogation” should be considered, including a suspect’s “age, experience, education, background, and intelligence”
  • finding the State’s closing was proper when it suggested a plausible inference from the evidence
  • finding waiver form stating “we have no way of giving you a lawyer, but one will be appointed for you if you wish, if and when you go to court” sufficient to inform defendant of his constitutional rights
  • “Thus, when a constitutional right is at stake, its waiver must be knowing, intelligent, and voluntary.”
  • the unambiguous mandate of Rule 11 prohibits the participation of the judge in plea negotiations under any circumstances; it is a rule that admits of no exceptions
  • “Rule 11(e)(1) prohibits absolutely a trial court from all forms of judicial participation in or interference with the plea negotiation process.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cleckley, Brotherton, Fox

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.