· 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 CourtListenerSourced 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.