State v. Bevel (Signed Opinion)
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The grand jury returned an indictment against Defendant charging Defendant with several sexual offenses. Defendant filed a motion to suppress statements to police officers during an interrogation. Before the interrogation, Defendant requested that counsel be appointed to him after his arraignment. Before he had an opportunity to confer with his counsel, however, Defendant was approached by a police officer and asked to sign a waiver of his right to counsel. Defendant signed the waiver and then made inculpatory statements to the police. The circuit court denied the motion to suppress, finding that the interrogation was not conduct in violation of Defendant's right to counsel pursuant to Montejo v. Louisiana. Defendant subsequently pleaded guilty to sexual abuse by a parent, guardian, custodian, or person in a position of trust. On appeal, the West Virginia Supreme Court faced the question of whether it would follow its existing precedent or adopt the conclusions of the U.s. Supreme Court in Montejo. The Supreme Court reversed after declining to adopt Montejo, holding that the circuit court erred by failing to suppress the inculpatory statements made by Defendant. Remanded.
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