William Fykes v. West Virginia
DueProcess CriminalProcedure JusticiabilityDoctri
Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors with additional instruction
No question identified. : i” QUESTION (S$) PRESENTED (1) Whether Petitioner's rights under the due process of law of the US Constitution's XIV Amendment and W.Va. Constitution Art. TII, §10, were violated where the trial Court committed : reversible error by refusing to provide jurors with additional instruction, despite counsel's objection, when jurors signaled that did not comprehend the Court's Instructions and were struggling with the critical element of intent. : (2) The Prosecutor committed plain error by questioning the Petitioner about his post arrest silence in a case that rested on credibility. Petitioner was denied his State and Federal rights against self-incrimination and rights to due process of law due to the improper line of questioning by the Prosecutor. US Const. Amend. V and XIV; WV Const. Art. III §§5 and 10.