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STATE v. BRUFFEY

No. 12-0189.

745 S.E.2d 540 (2013)

STATE of West Virginia, Plaintiff Below, Respondent v. Charles Edward BRUFFEY, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2013.

Dissenting Opinion of Justice Benjamin June 21, 2013.

Attorney(s) appearing for the Case

Nicholas T. James , James Law Firm PLLC, Keyser, WV, Attorney for the Petitioner.

Patrick Morrisey , Attorney General, Thomas W. Rodd , Assistant Attorney General, Andrew D. Mendelson , Assistant Attorney General, Charleston, WV, Attorneys for the Respondent.

PER CURIAM:

The petitioner herein and defendant below, Charles Edward Bruffey (hereinafter "Mr. Bruffey"), was sentenced on January 18, 2012, to a term of incarceration of ten to twenty years following his jury conviction for robbery. Mr. Bruffey asserts that the trial court committed four errors: (1) admitting the prosecution's solicited testimony on Mr. Bruffey's silence post-Miranda1 warning; (2) allowing Rule 404(b) evidence...

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