Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed Defendant's conviction for unlawfully, knowingly, and willfully sending or causing to be sent and/or possessing material depicting minors engaged in sexually explicit conduct, in violation of W. Va. Code 61-8C-3(a), holding that there was no error in the proceedings below.Specifically, the Supreme Court held that the circuit court did not err by (1) excluding expert testimony regarding the impact of Defendant's Autism Spectrum Disorder and Obsessive Compulsive Disorder; (2) denying Defendant's motion to dismiss the superseding indictment or disqualify the prosecutor’s office; (3) determining that Defendant's recorded statement to law enforcement was voluntary; and (4) allowing testimony from the State's digital forensic computer analyst. View "State v. Delorenzo" on Justia Law

The Supreme Court affirmed the order of the circuit court resentencing Petitioner, for purposes of this appeal, to an aggregate term of incarceration of five to twenty-five years for her convictions for child neglect resulting in death and gross child neglect creating a risk of substantial injury or death, holding that Petitioner was not entitled to relief.On appeal, Petitioner argued that the circuit court violated her right under the Sixth Amendment to conflict-free counsel and that the State violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose certain records. The Supreme Court disagreed and affirmed, holding (1) the trial court did not err in finding that even if counsel's performance was deficient, the deficient performance did not adversely affect the outcome of the trial; and (2) there was no merit in Petitioner's contention that a Brady violation occurred in this case. View "State v. A.B." on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Petitioner's motion to suppress evidence that law enforcement discovered her minor child in Petitioner's home after the child absconded from her grandparents' supervision, holding that there was no error.Petitioner entered a conditional plea to one count of child concealment. At issue on appeal, was the trial court's denial of Petitioner's motion to suppress evidence that her child, who had been adjudicated as a status offender for truancy and placed in a temporary guardianship with her grandparents, was discovered in her home after escaping from her grandparents' supervision five months prior. The Supreme Court affirmed, holding (1) the officers had a reasonable belief that the child lived with Petitioner at her apartment and was within the residence at the time they entered; and (2) therefore, there was no error in the circuit court's denial of Petitioner's motion to suppress. View "State v. Pennington" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Petitioner's motion to reduce her sentence pursuant to W. Va. R. Crim. P. 35(b), holding that the circuit court properly denied the motion as untimely.Petitioner pleaded guilty to one count of conspiracy to violate W. Va. Code 61-5-8(g)(1) and one count of accepting a bribe in violation of W. Va. Code 61-5A-3. Petitioner later filed a first and then a second motion to reduce her sentence pursuant to Rule 35(b). The circuit court denied the first motion on the merits and found that her second motion was not timely. The Supreme Court affirmed, holding that there was no error in the circuit court's ruling that Petitioner's second motion seeking to reduce her sentence was not timely because it was filed more than 120 days after her sentencing hearing. View "State v. Keefer" on Justia Law

The Supreme Court affirmed the decision of the circuit court finding that Petitioner was not competent to stand trial for his alleged crimes, holding that the circuit court did not err.Petitioner was indicted on two counts of soliciting a minor via a computer and one count of use of obscene matter with intent to seduce a minor. After two experts evaluated Petitioner the circuit court determined that Petitioner was not competent to stand trial. The Supreme Court affirmed, holding that the circuit court did not err in regarding to Petitioner's competency determination pursuant to W. Va. Code 27-6A-3. View "State v. Weister" on Justia Law

The Supreme Court vacated the adjudicatory and dispositional orders of the circuit court in this termination of parental rights case, holding that the circuit court erred when it terminated Father's parental rights because Father did not receive proper notice of the hearing at which he was purportedly adjudicated.The circuit court terminated Father's parental rights for allegedly abandoning his infant son. Father proposed two assignments of error claiming that he was denied an adjudicatory hearing for a determination whether the child had been abuse and/or neglected as alleged. The Supreme Court vacated the circuit court's order, holding (1) Father did not receive proper notice that the hearing at issue was an adjudicatory hearing from him, and without such notice, Father was not provided due process; and (2) without first holding an adjudicatory hearing, the circuit court could not lawfully proceed to disposition and termination of Father's parental rights. View "In re A.G." on Justia Law

The Supreme Court affirmed Petitioner's conviction of one count of death of a child by a parent, custodian, or guardian by child abuse but reversed the determinate sentence of one hundred years imposed by the circuit court and remanded the matter for resentencing, holding that the circuit court erred in part.On appeal, Petitioner challenged the circuit court's ruling that W. Va. Code 61-8D-2a(c) permits the imposition of a determinate sentence within a range of fifteen years to life. The Supreme Court reversed Petitioner's sentence, holding that the 2017 amendment to the statute established an indeterminate sentence. The Court remanded the case for the circuit court to impose an indeterminate sentence as statutorily required. View "State v. Tusing" on Justia Law

The Supreme Court reversed the order of the circuit court sentencing Defendant to life in prison without mercy for his first-degree murder conviction and terms of imprisonment for his remaining convictions, holding that the circuit court committed reversible error during Defendant's jury trial.On appeal, Defendant argued that the circuit court reversibly erred when it dismissed a member of the jury after deliberations began and replaced that juror with an alternate who had been discharged from the case rather than granting a mistrial. The Supreme Court agreed and reversed Defendant's conviction and the sentencing orders, holding that the trial court abused its discretion when it denied Defendant's motion for a mistrial. View "State v. Sheffield" on Justia Law

The Supreme Court vacated the sentencing order of the circuit court in this criminal case, holding that Defendant's right to be present at the imposition of his sentence was violated and that this violation was not harmless error.Defendant pled guilty to three counts of failure to register as a sex offender and one count of fleeing from an officer. During the sentencing hearing, Defendant and his counsel participated by video conference. On appeal, Defendant argued that the circuit court impermissibly failed to allow him to be physically present for his sentencing hearing, in violation of W. Va. R. Crim. P. 62-3-2, W. Va. R. Crim. P. 43 and both the West Virginia and United States Constitutions. The Supreme Court vacated the sentencing order, holding (1) Defendant's right to be present at the imposition of his sentence was violated; and (2) under the circumstances of this case, the error was not harmless. View "State v. Byers" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Defendant's petition for a writ of habeas corpus, holding that the circuit court did not err in denying the petition.Defendant was convicted of first-degree robbery, conspiracy, and entry of a dwelling. In his habeas petition, Defendant alleged that his trial counsel provided ineffective assistance and that the State violated his constitutional rights by presenting false testimony. The circuit court denied the habeas petition. The Supreme Court affirmed, holding that Defendant failed to prove ineffective assistance of counsel and that Defendant's second assignment of error lacked merit. View "Goodman v. Searls" on Justia Law