State v. Simmons (Signed Opinion)Annotate this Case
Under W. Va. R. Crim. P. 12(f), if a defendant fails to seek to suppress a confession or other inculpatory statement prior to trial as required under W. Va. R. Crim. P. 12(b)(3), such failure constitutes waiver, absent a showing of good cause.
Defendant entered a guilty verdict on a two-count indictment for driving under the influence of alcohol. Defendant appealed, arguing that the circuit court erred in admitting his two of his statements to police into evidence at trial. The Supreme Court affirmed, holding (1) under Rule 12(b)(3), Defendant waived his right to a voluntariness hearing regarding the admissibility of his first statement to the police; and (2) the circuit court did not err in admitting the second statement Defendant made to the police because the record revealed nothing to support Defendant’s argument that the circuit court erred in failing to suppress the second statement due to a violation of the prompt presentment rule.