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State ex rel. JM v. Taylor

West Virginia Supreme Court of Appeals

166 W. Va. 511, 276 S.E.2d 199 (1981)

Facts

In three separate cases, juveniles were charged with crimes. In each case, the juvenile did not have an attorney and waived his right to be represented by an attorney during the criminal proceeding. All three juveniles later filed petitions claiming that they had not knowingly waived their right to counsel and that their lack of legal representation during the criminal proceedings violated their constitutional rights. The West Virginia Supreme Court of Appeals consolidated all three cases to consider the issue of when and how a juvenile may waive his constitutional right to be represented by counsel during a criminal proceeding.

Rule of Law

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Issue

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Holding and Reasoning (Harshbarger, C.J.)

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A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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