# State v. Goodmon

> West Virginia Supreme Court · December 18, 1981 · 170 W. Va. 123

URL: https://www.frixlaw.com/law-library/cases/9856440

## Case

- **Full name:** STATE of West Virginia v. Roundtree Riley GOODMON
- **Court:** West Virginia Supreme Court
- **Decided:** December 18, 1981
- **Citations:** 170 W. Va. 123; 290 S.E.2d 260; 1981 W. Va. LEXIS 832
- **Precedential status:** Published
- **Opinion:** Dissent by McGRAW
- **Judges:** McHugh, McGraw, Harshbarger
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9856440

## Opinion text

McGRAW, Justice,
dissenting:
I dissent for the reason that article 3, section 5 of the Constitution of the State of West Virginia provides: “No person shall ... be compelled to be a witness against himself ...” and the Fifth Amendment to the Constitution of the United States provides: “No person shall ... be compelled in any criminal case to be a witness against himself ...” The test for the voluntariness of a confession under the language of these constitutional provisions ought to be whether or not the defendant agrees at trial to the use of the words from his own mouth against him. By approaching these constitutional provisions with fidelity, we could lessen the number of appeals flowing from the abuse of this plain language.
It is undisputed that the appellant requested a lawyer at his arraignment on January 20, 1979, and that a “confession” was elicited prior to the fulfillment of that request. Under article 3, section 5 of the West Virginia Constitution, this incriminating statement should not have been used at trial for any purpose, irrespective of the trial court’s determination that the statement was “voluntary.” See State v. Bradley, 163 W.Va. 148 , 255 S.E.2d 356 (1979); State v. McNeal, 162 W.Va. 550 , 251 S.E.2d 484 (1978). See also, Harris v. New York, 401 U.S. 222 , 91 S.Ct. 643 , 28 L.Ed.2d 1 (1971) (Brennan, J., dissenting); People v. Disbrow, 16 Cal.3d 101 , 127 Cal.Rptr. 360 , 545 P.2d 272 (1976); State v. Santiago, 53 Haw. 254 , 492 P.2d 657 (1972).
I am authorized to state that Justice Harshbarger joins me in this dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9856440. Public record. Not legal advice.