West Virginia Supreme Court November 25, 2014, 13-1264 & 13-0962 (State of West Virginia v. Daniel L. Herbert)

LOUGHRY, Justice,

concurring, in part, and dissenting, in part:

The majority creates new law for West Virginia, but without support from any other jurisdiction in the entire country. Overturning recent precedent, the majority holds that in criminal trials, trial courts “shall require” a non-party witness to invoke the privilege against self-incrimination “in the presence of the jury.