West Virginia v. Ervin

Ervin was charged with first degree murder; use of a firearm to commit murder; stalking; wanton endangerment involving the use of a firearm; and domestic assault, in connection with the 2012 death of Layman. Ervin did not deny he shot the victim, with whom he had previously had an intimate relationship, but argued self-defense. Following a seven-day trial, involving 25 witnesses, the jury found him guilty of first-degree murder, wanton endangerment involving a firearm, and first-degree murder using a firearm. . The jury did not recommend mercy with regard to the murder conviction. The court sentenced him to life imprisonment for the murder and to a five-year consecutive term for wanton endangerment. The Supreme Court of Appeals of West Virginia affirmed, rejecting arguments that the trial court erred in: not permitting the jury to visit the site of the alleged offenses; excluding testimony of one defense witness; allowing the jury to consider evidence not presented at trial; allowing the state to misrepresent evidence during closing argument; and not requiring the state to provide a bill of particulars regarding the alleged use of a firearm. The excluded testimony constituted hearsay, not subject to an exception; there was no evidence that the jury actually viewed a video that was not presented. View "West Virginia v. Ervin" on Justia Law