Justia West Virginia Supreme Court of Appeals Opinion Summaries

After a jury trial, Petitioner was convicted of one count of wanton endangerment and sentenced to a five-year term of imprisonment. The Supreme Court affirmed, holding (1) the circuit court did not err by denying Petitioner’s motion to suppress evidence taken from his residence because, under the circumstances, the warrantless search of the residence was allowed under the emergency doctrine exception, and even in the absence of exigent circumstances, the police officers were entitled to conduct a protective search; and (2) the circuit court did not err in allowing the jury to hear testimony regarding the out-of-court identification of Petitioner made by the victim. View "State v. Kimble" on Justia Law