STATE v. FRAZIER

No. 11-0691.

735 S.E.2d 727 (2012)

STATE of West Virginia, Plaintiff Below, Respondent v. Robert FRAZIER, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided November 20, 2012.


Attorney(s) appearing for the Case

Crystal L. Walden, Esq. , Deputy Public Defender, Office of the Public Defender, Charleston, WV, for Petitioner.

Darrel V. McGraw, Jr. , Attorney General, Thomas W. Rodd, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.


KETCHUM, Chief Justice:

The defendant, Robert Frazier, appeals his conviction of the second degree murder of his former girlfriend, Kathy Smith. In support of his appeal the defendant has submitted several assignments of error. The State has conceded error with regard to two of those assignments; however, it argues that the errors are harmless.

The Conceded Errors

The first error conceded by the State involves the defendant's fundamental constitutional...

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