Rory Perry: Topics-CriminalInformation about recent WV Supreme Court cases and opinions involving criminal matters.CRIMINAL, EVIDENCE :: Improper search- February 1, 2008 STATE v. KENNETH BOOKHEIMER and STATE v. JESSICA TINGLER, Nos. 33289 and 33290 (Per Curiam)(Starcher, J., concurring)(Maynard, J., dissenting)(Albright, J., concurring)(Benjamin, J., dissenting)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing orders of the Circuit Court of Braxton County that imposed sentences on convictions of conspiracy and operating a clandestine drug laboratory. Holding that the circuit court erred by allowing introduction of evidence seized as the result.http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1324 CRIMINAL, EVIDENCE :: 404(b) violations during cross-examination of defendant- February 1, 2008 STATE v. DAVID NELSON, No. 33188. (Per Curiam)(Maynard, J., dissenting)(Starcher, J., concurring)(October 30, 2007). Reversing jury convictions of six felony offenses related to the death of Wanda Lesher, upon which the defendant had been sentenced to two terms of life without mercy, among other sentences to be served consecutively, on the basis that the defendant was denied a fair trial. Where defendant relied upon an alibi defense and testified at trial, it was error to permit the State on.http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1323 CRIMINAL, JURY :: New trial awarded due to juror misconduct- February 1, 2008 STATE v. DANNY L. CECIL, No. 33298 (Per Curiam)(Maynard, J., dissenting)(November 21, 2007). Reversing an order of the Circuit Court of Putnam County imposing sentence upon jury convictions for multiple sex crimes. Rejecting several trial errors, including an assertion that the trial court improperly limited a defense expert with statistical evidence tending to undermine the veracity of assertions of sexual abuse victims. Reversing and remanding for a new trial in light of multiple instances.http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1322 CRIMINAL, JURY :: Juror who worked with law enforcement properly seated- February 1, 2008 STATE v. WILLIAM MILLS, JR., No. 33340 (Per Curiam)(October 25, 2007). Affirming an order of the Circuit Court of Kanawha County that imposed sentence upon a jury conviction for delivery of a controlled substance. Rejecting appellant's contention that the trial court erred in refusing to strike a juror for cause. The juror was in uniform as a medic for county emergency services and also served on a volunteer fire department with a potential state witness. Concluding that the appellant...http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1321 CRIMINAL, JURY :: No Batson violation- February 1, 2008 CHRISTOPHER LEE DAVIS v. McBRIDE, No. 33199 (Per Curiam)(October 12, 2007). Affirming an order of the Circuit Court of Kanawha County that denied a request for post-conviction habeas corpus relief. Affirming the circuit court's conclusion that the State had a legitimate non-discriminatory reason for using a peremptory strike to exclude the only African-American from the jury panel.http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1320 HEALTH CARE :: Incest conviction precludes operating legally unlicensed health care home- February 1, 2008 PLUMLEY v. WEST VIRGINIA DEPT. of HEALTH and HUMAN RESOURCESOFFICE of HEALTH FACILITY LICENSURE and CERTIFICATION, No. 33287 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Reversing an order of the Circuit Court of Cabell County that reversed an administrative order requiring closure of a "legally unlicensed health care home" as defined in West Virginia Code of State Rules 64-50-2.6. Holding that a conviction for felony incest, as.http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1307 LOCAL GOVERNMENT, JAILS, PROCEDURE :: Regional jail fees- February 1, 2008 STATE EX REL. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY v. COUNTY COMMISSION OF CABELL COUNTY, et al., No. 33347 (ALBRIGHT, J.)(Starcher, J., concurring)(November 21, 2007)(Rehearing denied, January 10, 2008). Granting a moulded writ of mandamus in a dispute over payments by a county commission to the regional jail authority to cover the daily cost of housing county inmates. Addressing the Court's authority to issue moulded writ relief in cases having statewide impact and affecting...http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1303 MOTOR VEHICLES, CRIMINAL :: Post-Stump pleas of nolo contendere- February 1, 2008 STATE EX REL. BAKER v. BOLYARD, Dir. Div. Motor Vehicles, No. 33303 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(October 30, 2007). Affirming an order of the Circuit Court of Greenbrier County that affirmed an administrative decision imposing a six-month driver's license revocation on December 9, 2005, upon receipt of a notification for magistrate court that the defendant entered a nolo contendere plea to first offense DUI. The fact that the plea took place between the...http://www.state.wv.us/wvsca/Clerk/Topics/Criminal/2008/02/01.html#a1302 |