State v. Small

In June 2014, the defendant and his accomplice were charged with conspiracy to commit murder and first-degree murder of a confidential informant, who had provided information to law enforcement about illegal drug sales. West Virginia Code § 62–3–2 requires a felony defendant to be present at all critical stages of trial. A defendant also has a due process right to be present at critical stages under the West Virginia and United States Constitutions. Lastly, a defendant also has Miranda rights but they must unequivocally invoke them. Following the defendant’s conviction, the court found no error in the proceedings, including the defendant’s absence from hearings, the admission of evidence, the denial of his motion to suppress, the failure to sever the trials, and the State’s remarks during the mercy phase.