State of West Virginia v. James Reginald Jones, II, 216 W. Va. 392

Summary

The Supreme Court of Appeals of West Virginia reversed James Reginald Jones II's convictions for two counts of second-degree murder. The court held that statements obtained during a police-initiated post-polygraph interrogation were admitted in violation of Jones's rights to counsel and to remain silent, particularly because he was a juvenile, had appeared with counsel, requested to speak with counsel, and had not waived post-test questioning. The court concluded that the error was not harmless beyond a reasonable doubt and remanded for further proceedings.

Holdings

1. A waiver permitting a polygraph examination does not, without more, authorize a police-initiated post-polygraph interrogation outside the presence of counsel.
2. Jones's reported statement, "No, let's continue," did not establish a knowing, intelligent, and voluntary relinquishment of his rights to counsel and silence.
3. Erroneous admission of the post-polygraph interrogation evidence was not harmless beyond a reasonable doubt and required reversal of the convictions.

Questions Presented

1. Whether statements obtained during a police-initiated post-polygraph interrogation were admissible when the juvenile defendant had appeared with counsel, counsel was excluded from the polygraph room, the waiver did not mention post-test questioning, and the defendant requested to speak with counsel before interrogation.
2. Whether the defendant's reported statement, "No, let's continue," constituted a knowing, intelligent, and voluntary waiver of his rights to counsel and silence under the totality of the circumstances.
3. Whether admission of the post-polygraph statements was harmless beyond a reasonable doubt.

Disposition

reversed_and_remanded