Justia West Virginia Supreme Court of Appeals Opinion Summaries

A group of individuals, including the petitioner, became involved in a series of drug-related activities centered around a home in Parkersburg, West Virginia. After the petitioner purchased drugs from Tiffany McCune, he became dissatisfied with their quality, leading to several confrontations and exchanges between the parties. The situation escalated when the petitioner returned to the McCune home, forcibly entered, and assaulted Tiffany with a pistol. During the ensuing chaos, Darren Salaam Sr., who was present in the house, was shot in the back and later died from his wounds. The petitioner fled the scene but was later apprehended. Upon arrest, he made racially charged statements, and photographs taken at booking displayed his swastika and Aryan Brotherhood tattoos.The Circuit Court of Wood County presided over the petitioner’s jury trial. The jury convicted him of felony murder, finding that the underlying felony was burglary. The petitioner was sentenced to life without the possibility of parole. During the trial, the court admitted evidence of the petitioner’s tattoos and statements, as well as Tiffany McCune’s statements to police and a 9-1-1 call, over the petitioner’s objections on various evidentiary and constitutional grounds. The petitioner’s post-trial motions for acquittal and a new trial—primarily challenging the sufficiency of the evidence on the burglary element—were denied.On appeal, the Supreme Court of Appeals of West Virginia reviewed the evidentiary rulings for abuse of discretion and the constitutional claims de novo. The court held that the tattoo evidence was relevant to motive and not unfairly prejudicial, Tiffany’s statements were admissible as excited utterances and not testimonial under the Confrontation Clause, and the evidence was sufficient to support the felony murder conviction. The court affirmed the circuit court’s judgment. View "State v. Thompson" on Justia Law

A young child, X.R., was left in the care of her maternal aunt, H.R., after her mother, J.R., struggled with substance abuse. The West Virginia Department of Human Services (DHS) initiated abuse and neglect proceedings that led to the termination of J.R.’s parental rights. During these proceedings, R.S. was identified as X.R.’s biological father. R.S. was adjudicated as an abusing parent due to lack of appropriate housing, but he successfully completed a court-ordered improvement period, demonstrating his ability to provide a stable environment. H.R. was recognized as X.R.’s psychological parent, having cared for her since birth.Following R.S.'s improvement period, the Circuit Court of Mason County ordered a parenting plan allocating equal custody and decision-making authority over X.R. to both R.S. and H.R., and dismissed the case. R.S. appealed, arguing that the plan violated his fundamental rights as a fit natural parent.The Supreme Court of Appeals of West Virginia reviewed the case and determined that, because R.S. had completed his improvement period and was not found to be unfit at the time of the final order, his parental rights were intact and paramount. The court found that the circuit court erred in granting H.R. equal custody and decision-making authority based solely on the child’s best interests, without a finding of parental unfitness or other justification that would overcome the natural parent’s rights.Accordingly, the Supreme Court of Appeals reversed the portion of the parenting plan granting equal custody and decision-making to H.R., vacated the remainder of the plan and the dismissal order, and remanded the case with instructions. The circuit court was directed to determine the scope of continued association between X.R. and H.R., giving special weight to the father’s preferences while also considering the child’s best interests. View "In re X.R." on Justia Law

A two-year-old child, M.B., was placed with foster parents who are members of an Old Order Amish community shortly after his birth. The foster parents had previously adopted M.B.’s three biological sisters, who also reside in their home. Concerns were raised by M.B.’s guardian ad litem regarding the suitability of this placement, primarily because the Amish foster parents would limit M.B.’s formal education to eighth grade, consistent with their religious beliefs. Additional concerns included the lack of regular pediatric care, limited vaccination, restricted exposure to technology, and the potential for racial non-acceptance within the Amish community, as M.B. is biracial.The Circuit Court of Kanawha County reviewed a motion by the guardian ad litem to remove M.B. from the foster home. The court considered evidence and testimony, including the foster father’s statements about education, medical care, and community acceptance. The court also reviewed a special commissioner’s report, which acknowledged the loving and stable environment provided by the foster parents but noted potential limitations related to education, healthcare, and cultural exposure. Ultimately, the circuit court denied the motion to remove M.B., finding that the foster home was stable, loving, and in the child’s best interests, and that the court could not discriminate against the family based on religion or lifestyle.The Supreme Court of Appeals of West Virginia affirmed the circuit court’s decision. The court held that the Foster Child Bill of Rights does not mandate removal from a placement solely because one or more statutory rights may be limited, but instead requires a best-interest-of-the-child analysis considering all relevant factors. The court found that the circuit court’s findings were supported by the record and that M.B.’s placement with the Amish foster parents did not violate his statutory or constitutional rights. View "In re M.B." on Justia Law

The petitioner was indicted on multiple charges, including first-degree robbery and child neglect, in Kanawha County, West Virginia. After concerns about his competency arose during arraignment, the Circuit Court of Kanawha County ordered psychological evaluations. The petitioner was found incompetent to stand trial but likely to regain competency within ninety days, leading to his commitment to a state hospital for competency restoration. While initially participating in treatment, the petitioner later refused both group sessions and prescribed medication, prompting the hospital to seek court approval for involuntary medication to restore competency.The Circuit Court of Kanawha County held an evidentiary hearing, considering expert testimony and the petitioner’s objections. The court found that involuntary medication was necessary and appropriate, relying on the four-part test from Sell v. United States, 539 U.S. 166 (2003). The court granted the hospital’s request, authorizing involuntary administration of medication if the petitioner continued to refuse treatment. The petitioner then sought a writ of prohibition from the Supreme Court of Appeals of West Virginia, arguing that the state constitution provided greater protections than the federal standard and challenging the court’s authority to order involuntary medication.The Supreme Court of Appeals of West Virginia reviewed the statutory framework and the constitutional arguments. It held that West Virginia law authorizes circuit courts to order involuntary medication for competency restoration and adopted the Sell test as the governing standard. The court further held that the State must prove the Sell factors by clear and convincing evidence. Although the circuit court applied a lower standard, the Supreme Court found the evidence sufficient under the higher standard and denied the writ of prohibition, affirming the lower court’s order permitting involuntary medication for competency restoration. View "State of West Virginia ex rel. Urban v. The Honorable David Hardy" on Justia Law

On June 4, 2022, a Parkersburg police officer arrested Michael Keith Allman pursuant to an outstanding warrant. At the time of arrest, Mr. Allman was carrying a backpack, which he set down before being handcuffed. After backup officers arrived and secured the scene, police searched the backpack and discovered drugs, digital scales, and ammunition. These items formed the basis for multiple charges against Mr. Allman, including felony possession of controlled substances with intent to deliver, possession of a firearm by a prohibited person, and related offenses.Following indictment by a Wood County Grand Jury, Mr. Allman moved to suppress the evidence found in the backpack, arguing that the warrantless search violated his rights under the Fourth Amendment and the West Virginia Constitution. The Circuit Court of Wood County held a suppression hearing, where the arresting officer testified about the circumstances of the arrest and search. The circuit court denied the motion to suppress, finding that the search was lawful as incident to arrest and justified by concerns for officer safety and preservation of evidence. Mr. Allman was subsequently convicted by a jury on all counts and sentenced.The Supreme Court of Appeals of West Virginia reviewed the case and reversed the circuit court’s denial of the motion to suppress. The high court held that, although the seizure of the backpack was lawful, the warrantless search was not justified as a search incident to arrest because Mr. Allman was handcuffed and the backpack was not within his immediate control at the time of the search. The court found no applicable exception to the warrant requirement and concluded that the search violated Mr. Allman’s reasonable expectation of privacy. The court vacated Mr. Allman’s drug-related convictions and remanded the case for further proceedings consistent with its opinion. View "State of West Virginia v. Allman" on Justia Law

A violent home invasion occurred in Huntington, Cabell County, West Virginia, on November 22, 2020, when Nathan Dolen attacked Ronald and Orlinda Adkins, robbing them, inflicting serious injuries, and restraining them with handcuffs. Dolen stole firearms and other property, including a truck that he later burned. Both victims required hospitalization and rehabilitation. Dolen was indicted on thirteen felony counts, including kidnapping, robbery, assault, and arson. At trial, the State introduced cell site data and a PowerPoint mapping the locations of a phone associated with Dolen, which became a focus of the appeal. The jury convicted Dolen on all counts except one malicious assault charge.The Circuit Court of Cabell County presided over the trial. During trial, Dolen’s counsel objected to the admission of the PowerPoint, arguing it was not disclosed in discovery and that expert testimony about it violated Dolen’s confrontation rights because the testifying expert did not create the presentation. The court found that Dolen had received the underlying AT&T data and had time to review the PowerPoint before its admission, and allowed the expert to testify, finding no prejudice. Dolen also moved for acquittal on the kidnapping charges, arguing insufficient evidence and lack of intent for ransom, reward, or concession, but the court denied the motion. Dolen did not argue that the kidnapping was incidental to the robbery until appeal.The Supreme Court of Appeals of West Virginia reviewed the case. It held that the circuit court did not abuse its discretion in admitting the PowerPoint and expert testimony, finding no discovery violation or Confrontation Clause breach, as the expert independently verified the data. The court also found sufficient evidence for the kidnapping convictions and declined to review the “incidental to robbery” argument, as it was not preserved below. The convictions and sentence were affirmed. View "State of West Virginia v. Dolen" on Justia Law

The defendant pled guilty to two counts of third-degree sexual assault involving young children, with the offenses occurring in 2012. As part of a plea agreement, he was sentenced to two consecutive one-to-five-year prison terms, which were suspended in favor of placement at a correctional center and completion of a sex offender program. He was also ordered to serve a twenty-five-year term of supervised release. After being removed from the correctional center for behavioral issues, he served his prison sentence and began supervised release in 2017. Over the following years, his supervised release was revoked four times due to repeated violations, including unauthorized contact with minors, failure to report relationships, drug use, and dishonesty with probation officers. Each revocation resulted in increasing terms of imprisonment.The Circuit Court of Ohio County presided over each revocation. On the fourth revocation, the court sentenced the defendant to twenty-five years’ imprisonment and imposed an additional twenty-five-year term of supervised release to begin after his release from prison. The defendant appealed, arguing that the sentence was constitutionally disproportionate and that the additional supervised release term exceeded the statutory maximum under West Virginia Code § 62-12-26(j).The Supreme Court of Appeals of West Virginia reviewed the case. It held that the twenty-five-year imprisonment sentence was not constitutionally disproportionate, given the seriousness of the underlying offenses and the defendant’s repeated breaches of trust while on supervised release. However, the court found that the circuit court erred in calculating the additional term of supervised release. The statute requires subtracting all prior revocation imprisonment terms from the maximum authorized supervised release period. The court affirmed the imprisonment sentence, vacated the supervised release term, and remanded for resentencing on that issue. View "State of West Virginia v. Brautigam" on Justia Law

The case involves Deliezha Davonte Gravely, who was pulled over by a police officer for speeding. During the stop, the officer discovered that Gravely was driving with a revoked license due to a DUI and found a loaded firearm in his pocket. Gravely was subsequently indicted on multiple charges, including unlawful possession of a firearm by a prohibited person and carrying a concealed firearm by a prohibited person, based on his prior conviction for conspiracy to commit first-degree robbery.The Circuit Court of Mercer County ruled that Gravely's prior conviction for conspiracy to commit first-degree robbery qualified as a "felony crime of violence against the person of another" under West Virginia Code § 61-7-7(b). Gravely was convicted by a jury on all counts and sentenced to imprisonment. He appealed, arguing that the circuit court erred in classifying his conspiracy conviction as a crime of violence.The Supreme Court of Appeals of West Virginia reviewed the case de novo, focusing on whether the elements of conspiracy under West Virginia Code § 61-10-31 include a violent act against a person. The court applied the elements test from State v. Mills, which requires examining the statutory elements of the predicate offense rather than the specific conduct of the defendant. The court found that the elements of conspiracy—an agreement to commit an offense and an overt act to effect the conspiracy—do not require a violent act against a person.The Supreme Court of Appeals of West Virginia held that conspiracy to commit first-degree robbery is not a "felony crime of violence against the person of another" for the purposes of West Virginia Code § 61-7-7(b). Consequently, the court reversed Gravely's convictions for unlawful possession of a firearm by a prohibited person and carrying a concealed firearm by a prohibited person, and remanded the case for resentencing on his remaining convictions. View "State v. Gravely" on Justia Law

In the early morning of June 28, 2014, Ms. Taylor Hawkridge was shot and killed in the parking lot of her apartment complex. Eyewitnesses reported seeing a man in a hooded sweatshirt fleeing the scene and entering a dark Dodge Charger. Ms. Hawkridge had a verbal altercation with Nasstashia Van Camp Powell at Vixens Gentlemen’s Club, where she worked. Ms. Powell, after being convicted of second-degree murder, implicated Richard Small and Joseph Mason in the murder, stating they were paid to kill Ms. Hawkridge because she was a police informant. Mr. Small was interviewed by law enforcement multiple times, including a June 2018 interview where he ambiguously mentioned needing a lawyer.The Circuit Court of Berkeley County held a joint trial for Mr. Small and Mr. Mason. Mr. Small filed motions to exclude evidence of Mr. Mason’s gang affiliation and to suppress his June 2018 statement, arguing he had invoked his right to counsel. The court denied these motions, finding the gang affiliation evidence intrinsic to the crimes and Mr. Small’s statement ambiguous. The jury convicted Mr. Small of conspiracy to commit murder and first-degree murder, and he was sentenced to life without parole.On appeal to the Supreme Court of Appeals of West Virginia, Mr. Small argued his constitutional rights were violated by his and his counsel’s absence from critical-stage hearings, the admission of prejudicial evidence, the failure to sever his trial from Mr. Mason’s, the denial of his motion to suppress, and improper comments by the State during the mercy phase. The court found no error, holding that the hearings were not critical stages for Mr. Small, the evidence was intrinsic and relevant, Mr. Small did not properly move to sever, his statement was not an unequivocal request for counsel, and the State’s comments did not constitute plain error. The court affirmed Mr. Small’s convictions and sentence. View "State v. Small" on Justia Law

Andrew Miller was convicted by a jury in the Circuit Court of Raleigh County, West Virginia, of wanton endangerment, malicious wounding, and felony possession of a firearm by a prohibited person. The jury also found him to be a recidivist felon, leading to a life sentence with the possibility of parole. The case arose from an incident where Miller allegedly shot Anthony Goard during a dispute over drugs at Niesha Dotson’s apartment. Miller claimed that another individual, J.T., was the actual shooter.At trial, the State presented testimony from Dotson and Goard, both of whom had used drugs at the time of the incident. Dotson testified about a disagreement over drugs between her and Miller, while Goard identified Miller as the shooter but initially told hospital staff he did not know who shot him. The State also introduced a 9 millimeter firearm with Miller’s DNA, although Goard identified a different firearm as the one used in the shooting. Miller testified in his defense, asserting that J.T. shot Goard and that he left the scene to avoid being implicated due to his parole status.The Supreme Court of Appeals of West Virginia reviewed the case, focusing on Miller’s claim that his constitutional right to silence was violated. The court found that the circuit court erred by allowing the State to cross-examine Miller about his post-arrest silence, which was not harmless beyond a reasonable doubt. The court noted that this improper questioning directly prejudiced Miller’s defense, as it suggested to the jury that Miller fabricated his story about J.T. being the shooter.The Supreme Court of Appeals of West Virginia vacated Miller’s convictions and remanded the case for a new trial, concluding that the constitutional error was not harmless and affected the jury’s verdict. View "State of West Virginia v. Miller" on Justia Law