State of West Virginia v. Tiffany Lucas (Dissent)
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No. 12-1399 State of West Virginia v. Tiffany Lucas Ketchum, Justice, dissenting: The defendant exercised her constitutional right to remain silent at her sentencing. The trial court punished her for remaining silent stating, Then she will pay for that. In Mitchell v. U.S., 526 U.S. 314 (1999), the Supreme Court held that a sentencing court may not draw an adverse inference from a defendant s silence. We should have remanded this case for resentencing by a different judge. I dissent. 4
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