Rory Perry: WVSCT OpinionsSummaries and links to the full text of opinions issued by the Supreme Court of Appeals of West Virginia.CRIMINAL :: Assessment of jury costs on defense counsel reversed- February 1, 2008 STATE EX REL. TERRON GODFREY v. ROWE, No. 33444 (Per Curiam)(Davis, C.J., concurring in part and dissenting in part)(October 16, 2007). Granting a moulded writ of prohibition to prevent enforcement of an order imposing jury costs on defense counsel following a mistrial. Holding that the trial court properly rejected defendant's assertion that the second trial was barred by double jeopardy. Further denying as premature relief sought in relation to a motion to join counts of a subsequent...http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1328 CRIMINAL :: No prejudice in trial court amending indictment- February 1, 2008 STATE v. RICHARD ALLEN HAINES, No. 33304 (Per Curiam)(October 12, 2007). Affirming an order of the Circuit Court of Hampshire County that imposed sentence upon a jury conviction for one count of felony delivery of a Schedule II controlled substance. Rejecting appellant's contention that the trial court erred in amending the indictment, which had erroneously identified methamphetamine as a Schedule I controlled substance. Holding that the trial court properly concluded that the amendment was..http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1327 CRIMINAL :: Sufficient evidence to sustain murder conviction- February 1, 2008 STATE v. THOMAS JOSEPH MACPHEE, No. 33297 (Per Curiam)(Maynard, J., concurring)(October 12, 2007). Affirming an order of the Circuit Court of McDowell County that imposed a life sentence with mercy following a jury conviction for felony murder. Rejecting appellant's argument that he was merely an accessory after the fact. Holding that the evidence was sufficient to sustain the conviction.http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1326 CRIMINAL, HABEAS CORPUS, ATTORNEYS :: Ineffective assistance of counsel in mercy phase- February 1, 2008 STATE EX REL. SHANE SHELTON v. PAINTER, Warden, No. 33322 (Per Curiam)(Maynard, J., concurring in part and dissenting in part)(Benjamin, J., concurring in part and dissenting in part)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Ohio County that denied a post-conviction habeas corpus petition after conducting an evidentiary hearing. After testifying at trial and admitting that he shot the victim, Shelton was convicted of first degree murder without mercy. ...http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1325 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/Recent/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/Recent/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/Recent/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/Recent/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/Recent/2008/02/01.html#a1320 EDUCATION, PROFESSIONAL DISCIPLINE :: Teaching certificate reinstated- February 1, 2008 POWELL v. PAINE, State Superintendent, No. 33325 (Per Curiam)(Starcher, J., concurring)(Benjamin, J., concurring)(November 21, 2007). Reversing an order of the Circuit Court of Kanawha County that affirmed a decision by the State Board of Education that imposed a four-year suspension on a high school teacher who had been disciplined but not dismissed by the county school board. Teacher was subject to DHHR proceedings and pled guilty to domestic battery after beating his nine-year old son with..http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1319 |