1. Does the new syllabus point issued by the Supreme Court of Appeals of West
Virginia permitting a trial court judge to make further inquiry of a juror after an affirmative
response in support of the announced verdict during a poll of the jury violate federal due
process protections and the prohibition on double jeopardy?

2. In applying the aforementioned new rule, did the Supreme Court of Appeals of West
Virginia violate the Petitioner's right not to be re-tried after an acquittal by failing to reverse
the trial court and remand for entry of a judgment of acquittal?

Does the new syllabus point issued by the Supreme Court of Appeals of West Virginia permitting a trial court judge to make further inquiry of a juror after an affirmative response in support of the announced verdict during a poll of the jury violate federal due process protections and the prohibition on double jeopardy?