Opinion

State v. McClure

  • 184 W. Va. 418
  • 400 S.E.2d 853
  • 1990 W. Va. LEXIS 262
Court
West Virginia Supreme Court
Filed
Dec 19, 1990
Status
Published
Author
Miller
On the bench
Miller
Cited by
8 cases
Authority
More cited than 5.7%

prospective juror did not have to be disqualified for cause due to fact that her husband was police officer

How later courts described this case

  • prospective juror did not have to be disqualified for cause due to fact that her husband was police officer
  • court stressed need to consider importance of open and public courtroom in resolving claim of improper spectator influence

Written by the judges who cited it.

The opinion

*428 MILLER, Justice,

dissenting:

My dissent goes to the in-court testimony of the victim’s mother who recited what her daughter had told her about being sexually abused by the defendant. This conversation occurred some three weeks after the incident. The majority holds these statements to be admissible relying on State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). In Part V of my dissent to that case, I set out at length why I believe such statements are not admissible. Simply put, the statements are hearsay and cannot be placed under any exception to the hearsay rule.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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