West Virginia Supreme Court March 17, 1981, 15060 (Hughes v. Gwinn)

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United States · · · 17-03-1981

NEELY, Justice:

In this original habeas corpus we are asked to determine the scope of a probationer’s constitutional rights before a probation revocation proceeding has been initiated. Specifically, we are asked to consider: (1) when the right to counsel attaches; (2) whether there is the right to be advised of constitutional rights pursuant to the mandate of Miranda v. Arizona, 384 U.S.

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