State v. King

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The circuit court abused its discretion in not affording Petitioner a hearing to offer a defense, other than not guilty by reason of mental illness, to the merits of the criminal charges against him pursuant to W. Va. Code 27-6A-6. In 2004, Petitioner was charged with two counts of sexual abuse by a parent, guardian or custodian and two counts of second degree sexual assault. In 2008, the circuit court found that Petitioner was not competent to stand trial and that he would have been convicted of the charges against him. The court determined that it would maintain jurisdiction over Petitioner for forty to ninety years or until Petitioner attained competency, whichever occurred first. In 2016, Petitioner filed the instant motion for a hearing to offer a defense to the merits of the charges brought against him. The circuit court denied the motion. The Supreme Court reversed and remanded the matter for a hearing, holding that, under the circumstances of this case, the circuit court erred in denying Petitioner’s request for a hearing to present evidence of a defense to the charges in the criminal indictment against him. View "State v. King" on Justia Law

Posted in: Criminal Law

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