STATE v. WHITT

No. 33039.

649 S.E.2d 258 (2007)

STATE of West Virginia, Plaintiff Below, Appellee v. Anthony Ray WHITT, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 6, 2007.

Dissenting Opinion of Justice Maynard April 10, 2007.


Attorney(s) appearing for the Case

Gregory L. Ayers, Deputy Public Defender, Office of the Public Defender, Charleston, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Dawn E. Warfield, Deputy Attorney General, Charleston, for the Appellee.


ALBRIGHT, Justice:

Anthony Ray Whitt appeals from his conviction for second degree murder on the grounds that he was denied his constitutional right to compulsory process1 when the trial court denied his request to call his co-defendant, Lori Day, to the stand. Ms. Day, who had been acquitted of the murder charges filed against her by the time of Appellant's trial, indicated through counsel that she intended to invoke the Fifth Amendment...

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