State v. Deweese

In State v. Deweese, 213 W.Va. 339, 582 S.E.2d 786, (2003), the defendant, who was in custody, was not given a written Miranda warning prior to a polygraph test conducted in his counsel's absence, and statements he made during a polygraph test were erroneously used against him at trial. Discussing polygraph tests, the Court observed that "with the exception of a grand jury proceeding, a criminal defendant has the right to have counsel present in the room where an interrogation is taking place." 213 W.Va. at 348, n. 17, 582 S.E.2d at 798, n. 17. In Deweese, post-test interrogation was not an issue, but the Court did disapprove of the notion that an earlier Miranda warning had such a continuing vitality as to allow later inculpatory statements made during a polygraph test to be admissible.