In Re E.H
In In Re E.H., 166 W.Va. 615, 276 S.E.2d 557 (1982), the Court held that the strict requirements of the West Virginia Rules of Evidence, that are applicable to juvenile adjudicatory hearings, did not apply to a transfer hearing.
However, the Court noted that our law currently W.Va. Code, 49-5-2(i) 2001 requires that in all proceedings under Chapter 49 -- which includes status offense proceedings under 49-5-11a 1998, ". . . a juvenile shall be afforded . . . the opportunity to . . . cross-examine witnesses."
The Court stated in In Re E.H.:
"As to those other hearings which are set out in W.Va. Code, 49-5-1, et seq. (1978), and which are heard by the court or referee and do not involve the issue of culpability, the Legislature has provided a more general standard. This standard comports with the traditional rule that where matters are heard before a court without a jury, there is a broader latitude on evidentiary matters, since it is assumed that a judge can weed out the extraneous from the relevant and because of his legal training will not be influenced by otherwise inadmissible evidence." (166 W.Va. at 627, 276 S.E.2d at 565.)