State v. Gum

Petitioner was charged with first degree murder and found mentally incompetent to stand trial. Petitioner subsequently requested a bench trial to give him the opportunity to establish defenses to the charged offense. At the conclusion of a hearing held pursuant to W. Va. Code 27-6A-6, the trial court ruled that the evidence adduced, were it to go to trial, could result in a verdict of second degree murder. The court determined that it retained jurisdiction over Petitioner for forty years based on the maximum sentence specified for a conviction of second degree murder and remanded him to the custody of William R. Sharpe Hospital for the duration of that period of time. The Supreme Court affirmed the decision of the circuit court, holding (1) Petitioner was not unconstitutionally denied his right to a jury trial because the right to a jury trial does not attach to a hearing requested pursuant to section 27-6A-6; and (2) the evidence presented at the hearing was sufficient for the trial court to rule that the State had demonstrated Petitioner committed second degree murder for commitment purposes. View "State v. Gum" on Justia Law