Guardian Expands community partnerships despite the financial squeeze

At a time of cuts and austerity measures, Guardian News and Media (GNM) continues to demonstrate the importance of its many community initiatives through financial support and new initiatives.

In fact, 2010 saw a further expansion of our volunteer scheme, with almost a quarter of the team supporting our community partners and other organizations, in total 4.268 hours to contribute. This figure excludes the large number of employees who volunteer in their private lives.

Despite the financial squeeze, employees also continued to donate generously to charities through our payroll system. Just under a third of staff, participated in 2010/11 support institutions of 218 charity and giving a total of ￡ 89, 317.63.

Although the numbers are a bit down on the previous year, continues to be almost 10 times greater than the average Sign payroll giving in the United Kingdom, which dropped to 3.8%.

In addition to local community program, GNM continues to support a series of other initiatives.

Integrated development project of r $ 3 million of GNM in rural community of Katine, Uganda in partnership with Barclays, AMREF and extended for a fourth year to ensure progress is sustained.

The Guardian also worked with AMREF to develop a legacy project that will launch in formally after the project ends in October 2011. This three-year extension was designed to support the many associative structures that were developed and ensure they have the necessary knowledge and training to maintain their contribution to the community. The Legacy Fund will be financed by donations from readers Guardian and observer.

Closer to home, the Guardian Christmas appeal raised much needed funds for 10 small UK charities who are struggling to maintain services for vulnerable young people. Guardian and Observer readers have donated a total of ￡ 442,640.

Editor-in-Chief of the guardian, Alan Rusbridger, said: "this money will make a real difference. These are fantastic, inspiring works of charity that are capable of transforming the life and the possibilities of life of some of our most vulnerable young people. "

In addition to encourage donations, GNM and its owner, the Scott Trust, are involved in various education and training programmes. The guardian Foundation, created 20 years ago to support the commitments of the Fund Scott to support the development of independent journalism abroad last year conducted training events and other initiatives in Eastern Europe, Africa, and for the first time also in China.

Scott Charitable Trust Fund continues to support projects associated with the independent journalism, ethics of journalist, media literacy and journalist training, both in the United Kingdom and abroad, despite financial restraints mean reduced the number of initiatives that are now supporting.

GNM's Education Center, located in our offices of Kings place, provides a range of programs for students and adults. School groups Learn how to do a cover of a newspaper with Center focused education technology State-of-the-art that mimics the operation of the actual writing. Workshops for schools and colleges are strongly signed. The Center also runs adult workshops and a range of digital activities including podcasting and video news.

In General, it is difficult to put an exact figure of how much support has been given to Community related initiatives, because it is so much a part of what we do. However, for the last financial year (March 2010/11), Community expenditure relating to donations, the Community programme, donations from readers of the guardian Katine project and Scott Trust Foundation totaled nearly ￡ 1. 35 m. The figure includes this year's Christmas appeal Guardian. Our current and future goals remain the same.

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Guardian Expands despite financial squeeze community partnerships

In a time of cuts and austerity measures, Guardian News and Media (GNM) has continued to demonstrate the importance of its many community initiatives through financial support and new initiatives.

In fact, 2010 saw further expansion of our volunteer program, with almost a quarter of the staff to support our community partners and other organizations, in contributing 4.268 hours total. This figure excludes the large number of volunteers in their private life.

Despite the financial squeeze, employees also continued to donate generously to charities through our payroll scheme. Just under a third of staff, participated in support of charity and 218 giving a total of ￡ 89, 317.63 2010/11.

While the numbers are down slightly from the previous year, almost 10 times higher than the average enrolment to payroll giving in the United Kingdom, which fell to 3.8%.

Beyond the local community program, GNM continues to support a series of other initiatives.

Integrated development project of GNM 3 million pounds in the rural community of Katine, Uganda in collaboration with AMREF and Barclays, was extended to a fourth year to ensure progress is maintained.

The Guardian has also worked with AMREF to develop a project of heritage that will kick in after the project ends formally in October 2011. This three-year extension was designed to support Community-led many structures that have been developed to ensure that they have the necessary knowledge and training to maintain their contribution to the community. The Legacy Fund will be financed by donations from readers of the Guardian and observer.

Closer to home, the Guardian Christmas appeal raised much needed funds for 10 small charity UK that are struggling to maintain services for the young and vulnerable. Readers of the Guardian and observer has donated a total of ￡ 442,640.

Chief Editor, Alan Rusbridger, the guardian said: "this money will make a real difference. These are fantastic, inspiring charities that are able to transform the lives and life chances of some of our most vulnerable young people. "

Beyond encouraging donations, GNM and its owner, the Scott Trust, are involved in different programmes of education and training. The founding of the Guardian, created 20 years ago in support of Scott's confidence to support the development of independent journalism, overseas last year held training events and other initiatives in Eastern Europe, Africa and for the first time in China.

The Scott Trust Charitable Fund continues to support projects associated with independent journalism, ethics of journalist, literacy training, and journalist, both in the United Kingdom and abroad, even if financial restrictions mean that has reduced the number of initiatives which now is supporting.

GNM training centre, located at our offices in Kings Place, provides a range of programs for adults and students. School groups learn how to make a front page newspaper in a specially built in education technology center of the State-of-the-art that simulates the actual Newsroom operation. Workshops for schools and universities are heavily all exhausted. The Centre also runs adult workshops and a range of digital assets, including podcasting and video news.

In general, it is difficult to put an exact figure for how much support was given to the Community initiatives, because it is so much a part of what we do. However, for the past financial year (March 2010/11), Community expenditure relating to the charity, the community program, donations of readers of the Guardian Katine project and Scott Trust Foundation of almost ￡ 1. 35 m. The figure includes the appeal of Christmas this year Guardian. Our current and future objectives remain unchanged.

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CRIMINAL: sufficient evidence in support of sexual abuse by the guardian

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?Friday, February 1, 2008

CRIMINAL :: Numerous errors rejected, second degree murder

STATE v. ERIC ALLEN FOSTER, No. 33323 (Per Curiam)(Benjamin, J., disqualified)(Moats, Judge, by temporary assignment)(November 19, 2007)(Rehearing denied, January 10, 2008). Affirming an order of the Circuit Court of Nicholas County imposing two consecutive forty-year sentences upon jury conviction for two counts of second degree murder. Rejecting assertions that there was insufficient evidence of intent. Further holding that certain jury instructions and selection of certain jurors did not constitute plain error, and that there was no per se ineffective assistance of counsel.

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CRIMINAL :: Negligent homicide

STATE ex rel. NELSON, Prosecuting Attorney v. FRYE, No. 33499 (Per Curiam)(November 8, 2007). Denying a writ of prohibition sought to prevent dismissal of negligent homicide charges following a logging truck accident that resulted in the death of another driver. Holding that where the evidence showed that the truck driver was in excess of the recommended speed, but not over the speed limit, there was insufficient evidence of reckless disregard to sustain the charges.

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CRIMINAL :: Incest, sexual assault, double jeopardy

STATE v. JONATHON FREEMONT RAY, No. 33324 (BENJAMIN, J.)(Starcher, J., concurring)(Albright, J., concurring)(November 8, 2007). Affirming sentences upon multiple convictions for sexual assault, incest and other sex-based offenses imposed by the Circuit Court of Preston County. Rejecting defendant's assertion that consanguinity is an element of the offense of incest, and holding that the statutory definition of incest is met where the victims were stepchildren of the defendant's biological brother. Further rejecting the assertion that double jeopardy prevents convictions for sexual assault and incest arising from the same incident. Applying the Blockburger test to determine that each offense requires a separate element to be proven.

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CRIMINAL :: Sufficient evidence to support sexual abuse by custodian

STATE v. KENNETH RAY COLLLINS, No. 33300 (Per Curiam). Affirming a conviction and sentence imposed by the Circuit Court of Mingo County upon conviction for one count of sexual abuse in the third degree and one count of sexual abuse by a parent, guardian or custodian. Holding that the record ?- including evidence that the defendant "controlled and supervised the eleven year old girl on numerous, albeit temporary, occasions when he would take her away from home to go riding on his four-wheeler" -- reveals a sufficient basis for the jury to conclude that the defendant met the statutory definition of custodian.

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CRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived

STATE v. DANIEL B. BINGMAN, No. 33299 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(October 26, 2007). Affirming a conviction and sentence imposed by the Circuit Court of Gilmer County upon conviction for one count of petit larceny in violation of W. Va. Code 61-3-13(b). The indictment for grand larceny occurred more than one year after the offense. Holding that defense counsel failed to object to jury instructions on the lesser-included offense, thereby waiving any statute of limitations defense that could be asserted, in accord with rule announced in syllabus point 3 of STATE v. BOYD, 209 W. Va. 90, 543 S.E.2d 647 (2000).

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CRIMINAL :: Assessment of jury costs on defense counsel reversed

STATE EX REL. TERRON GODFREY v. ROWE, No. 33444 (Per Curiam)(Davis, C.J., concurring in part and dissenting in part)(October 16, 2007). Granting a moulded writ of prohibition to prevent enforcement of an order imposing jury costs on defense counsel following a mistrial. Holding that the trial court properly rejected defendant's assertion that the second trial was barred by double jeopardy. Further denying as premature relief sought in relation to a motion to join counts of a subsequent indictment and directing the circuit court to address the joinder motion.

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CRIMINAL :: No prejudice in trial court amending indictment

STATE v. RICHARD ALLEN HAINES, No. 33304 (Per Curiam)(October 12, 2007). Affirming an order of the Circuit Court of Hampshire County that imposed sentence upon a jury conviction for one count of felony delivery of a Schedule II controlled substance. Rejecting appellant's contention that the trial court erred in amending the indictment, which had erroneously identified methamphetamine as a Schedule I controlled substance. Holding that the trial court properly concluded that the amendment was not substantial and did not require resubmission to the grand jury in light of the fact that the appellant was not misled, there was no additional burden of proof, and he was not prejudiced as a result of the amendment.

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CRIMINAL, HABEAS CORPUS, ATTORNEYS :: Ineffective assistance of counsel in mercy phase

STATE EX REL. SHANE SHELTON v. PAINTER, Warden, No. 33322 (Per Curiam)(Maynard, J., concurring in part and dissenting in part)(Benjamin, J., concurring in part and dissenting in part)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Ohio County that denied a post-conviction habeas corpus petition after conducting an evidentiary hearing. After testifying at trial and admitting that he shot the victim, Shelton was convicted of first degree murder without mercy. Reviewing the single issue of ineffective assistance of counsel at trial, and holding that defense counsel betrayed his duty of loyalty to his client during closing argument by equivocating about whether his client deserved mercy, by failing to introduce any evidence in support of mercy, and by failing to make any meaningful plea for mercy, especially when combined with counsel's over-emphasis of his client's obvious guilt. Declining to remand for new trial on the issue of guilt, and requiring a limited new trial only on the penalty issue of whether Shelton should or should not receive mercy.

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CRIMINAL, EVIDENCE :: Improper search

STATE v. KENNETH BOOKHEIMER and STATE v. JESSICA TINGLER, Nos. 33289 and 33290 (Per Curiam)(Starcher, J., concurring)(Maynard, J., dissenting)(Albright, J., concurring)(Benjamin, J., dissenting)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing orders of the Circuit Court of Braxton County that imposed sentences on convictions of conspiracy and operating a clandestine drug laboratory. Holding that the circuit court erred by allowing introduction of evidence seized as the result of an illegal search. Holding that agitated behavior by a resident upon the officer's arrival after receipt of a call regarding a domestic dispute did not create an emergency or exigent circumstance justifying warrantless entry into the mobile home. Neither party consented, officers were asked to leave, and there was no indication that a protective sweep was warranted or justified. Remanded for a new trial.

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CRIMINAL, EVIDENCE :: 404(b) violations during cross-examination of defendant

STATE v. DAVID NELSON, No. 33188. (Per Curiam)(Maynard, J., dissenting)(Starcher, J., concurring)(October 30, 2007). Reversing jury convictions of six felony offenses related to the death of Wanda Lesher, upon which the defendant had been sentenced to two terms of life without mercy, among other sentences to be served consecutively, on the basis that the defendant was denied a fair trial. Where defendant relied upon an alibi defense and testified at trial, it was error to permit the State on cross-examination to raise alleged acts of past misconduct that were unverified, inflammatory and not subjected to the requirements of Rule 404(b). The alleged acts were also not admissible in the context of rebuttal upon the issue of character.

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CRIMINAL, JURY :: New trial awarded due to juror misconduct

STATE v. DANNY L. CECIL, No. 33298 (Per Curiam)(Maynard, J., dissenting)(November 21, 2007). Reversing an order of the Circuit Court of Putnam County imposing sentence upon jury convictions for multiple sex crimes. Rejecting several trial errors, including an assertion that the trial court improperly limited a defense expert with statistical evidence tending to undermine the veracity of assertions of sexual abuse victims. Reversing and remanding for a new trial in light of multiple instances of juror misconduct including investigation extrinsic to the deliberation process and one juror who contradicted the court's instructions on the weight to be given to testimony of witnesses. Remanded for new trial.

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CRIMINAL, JURY :: Juror who worked with law enforcement properly seated

STATE v. WILLIAM MILLS, JR., No. 33340 (Per Curiam)(October 25, 2007). Affirming an order of the Circuit Court of Kanawha County that imposed sentence upon a jury conviction for delivery of a controlled substance. Rejecting appellant's contention that the trial court erred in refusing to strike a juror for cause. The juror was in uniform as a medic for county emergency services and also served on a volunteer fire department with a potential state witness. Concluding that the appellant failed to demonstrate a disqualifying social relationship, and further failed to specifically inquire as to the nature of the juror's relationships with law enforcement officials, and that the juror was very clear about being able to remain impartial.

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HEALTH CARE :: Incest conviction precludes operating legally unlicensed health care home

PLUMLEY v. WEST VIRGINIA DEPT. of HEALTH and HUMAN RESOURCES/OFFICE of HEALTH FACILITY LICENSURE and CERTIFICATION, No. 33287 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Reversing an order of the Circuit Court of Cabell County that reversed an administrative order requiring closure of a "legally unlicensed health care home" as defined in West Virginia Code of State Rules 64-50-2.6. Holding that a conviction for felony incest, as revealed by a CIB background check, is sufficient to trigger a regulatory bar on operating such a health care home, because the conviction constitutes a crime relevant for the provision of care to a dependent population within the scope of W. Va. C.S.R. 64-50-4.4 (1999).

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LOCAL GOVERNMENT, JAILS, PROCEDURE :: Regional jail fees

STATE EX REL. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY v. COUNTY COMMISSION OF CABELL COUNTY, et al., No. 33347 (ALBRIGHT, J.)(Starcher, J., concurring)(November 21, 2007)(Rehearing denied, January 10, 2008). Granting a moulded writ of mandamus in a dispute over payments by a county commission to the regional jail authority to cover the daily cost of housing county inmates. Addressing the Court's authority to issue moulded writ relief in cases having statewide impact and affecting the public interest, and holding that the county commission is obligated to pay assessed per diem charges, but that the regional jail authority must promptly meet and formulate a proposed legislative rule as provided for by W. Va. Code 31-20-10(h), addressing issues of uniformity, calculation of the per diem rate, and further clarifying the documentation surrounding any future rate increases.

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MOTOR VEHICLES, CRIMINAL :: Post-Stump pleas of nolo contendere

STATE EX REL. BAKER v. BOLYARD, Dir. Div. Motor Vehicles, No. 33303 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(October 30, 2007). Affirming an order of the Circuit Court of Greenbrier County that affirmed an administrative decision imposing a six-month driver's license revocation on December 9, 2005, upon receipt of a notification for magistrate court that the defendant entered a nolo contendere plea to first offense DUI. The fact that the plea took place between the Court's prior decision in STATE EX REL STUMP v. JOHNSON, 217 W.Va. 733, 619 S.E.2d 246 (2005) and the May 15, 2006 amendment to W. Va. C.S.R. 91-5-14.1 means that the revocation was automatic upon notification of the nolo contendere plea.

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? The items on this page are archived by the day they are posted. Use the calendar to browse posts by day.
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CRIMINAL: sufficient evidence in support of sexual abuse by the guardian

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Case Topics: Criminal
Information about WV Supreme Court cases in the area of criminal law

?Friday, February 1, 2008

CRIMINAL :: Numerous errors rejected, second degree murder

STATE v. ERIC ALLEN FOSTER, No. 33323 (Per Curiam)(Benjamin, J., disqualified)(Moats, Judge, by temporary assignment)(November 19, 2007)(Rehearing denied, January 10, 2008). Affirming an order of the Circuit Court of Nicholas County imposing two consecutive forty-year sentences upon jury conviction for two counts of second degree murder. Rejecting assertions that there was insufficient evidence of intent. Further holding that certain jury instructions and selection of certain jurors did not constitute plain error, and that there was no per se ineffective assistance of counsel.

??[Permanent Link] ?Google It!?


CRIMINAL :: Negligent homicide

STATE ex rel. NELSON, Prosecuting Attorney v. FRYE, No. 33499 (Per Curiam)(November 8, 2007). Denying a writ of prohibition sought to prevent dismissal of negligent homicide charges following a logging truck accident that resulted in the death of another driver. Holding that where the evidence showed that the truck driver was in excess of the recommended speed, but not over the speed limit, there was insufficient evidence of reckless disregard to sustain the charges.

??[Permanent Link] ?Google It!?

CRIMINAL :: Incest, sexual assault, double jeopardy

STATE v. JONATHON FREEMONT RAY, No. 33324 (BENJAMIN, J.)(Starcher, J., concurring)(Albright, J., concurring)(November 8, 2007). Affirming sentences upon multiple convictions for sexual assault, incest and other sex-based offenses imposed by the Circuit Court of Preston County. Rejecting defendant's assertion that consanguinity is an element of the offense of incest, and holding that the statutory definition of incest is met where the victims were stepchildren of the defendant's biological brother. Further rejecting the assertion that double jeopardy prevents convictions for sexual assault and incest arising from the same incident. Applying the Blockburger test to determine that each offense requires a separate element to be proven.

??[Permanent Link] ?Google It!?

CRIMINAL :: Sufficient evidence to support sexual abuse by custodian

STATE v. KENNETH RAY COLLLINS, No. 33300 (Per Curiam). Affirming a conviction and sentence imposed by the Circuit Court of Mingo County upon conviction for one count of sexual abuse in the third degree and one count of sexual abuse by a parent, guardian or custodian. Holding that the record ?- including evidence that the defendant "controlled and supervised the eleven year old girl on numerous, albeit temporary, occasions when he would take her away from home to go riding on his four-wheeler" -- reveals a sufficient basis for the jury to conclude that the defendant met the statutory definition of custodian.

??[Permanent Link] ?Google It!?

CRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived

STATE v. DANIEL B. BINGMAN, No. 33299 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(October 26, 2007). Affirming a conviction and sentence imposed by the Circuit Court of Gilmer County upon conviction for one count of petit larceny in violation of W. Va. Code 61-3-13(b). The indictment for grand larceny occurred more than one year after the offense. Holding that defense counsel failed to object to jury instructions on the lesser-included offense, thereby waiving any statute of limitations defense that could be asserted, in accord with rule announced in syllabus point 3 of STATE v. BOYD, 209 W. Va. 90, 543 S.E.2d 647 (2000).

??[Permanent Link] ?Google It!?

CRIMINAL :: Assessment of jury costs on defense counsel reversed

STATE EX REL. TERRON GODFREY v. ROWE, No. 33444 (Per Curiam)(Davis, C.J., concurring in part and dissenting in part)(October 16, 2007). Granting a moulded writ of prohibition to prevent enforcement of an order imposing jury costs on defense counsel following a mistrial. Holding that the trial court properly rejected defendant's assertion that the second trial was barred by double jeopardy. Further denying as premature relief sought in relation to a motion to join counts of a subsequent indictment and directing the circuit court to address the joinder motion.

??[Permanent Link] ?Google It!?

CRIMINAL :: No prejudice in trial court amending indictment

STATE v. RICHARD ALLEN HAINES, No. 33304 (Per Curiam)(October 12, 2007). Affirming an order of the Circuit Court of Hampshire County that imposed sentence upon a jury conviction for one count of felony delivery of a Schedule II controlled substance. Rejecting appellant's contention that the trial court erred in amending the indictment, which had erroneously identified methamphetamine as a Schedule I controlled substance. Holding that the trial court properly concluded that the amendment was not substantial and did not require resubmission to the grand jury in light of the fact that the appellant was not misled, there was no additional burden of proof, and he was not prejudiced as a result of the amendment.

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CRIMINAL, HABEAS CORPUS, ATTORNEYS :: Ineffective assistance of counsel in mercy phase

STATE EX REL. SHANE SHELTON v. PAINTER, Warden, No. 33322 (Per Curiam)(Maynard, J., concurring in part and dissenting in part)(Benjamin, J., concurring in part and dissenting in part)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Ohio County that denied a post-conviction habeas corpus petition after conducting an evidentiary hearing. After testifying at trial and admitting that he shot the victim, Shelton was convicted of first degree murder without mercy. Reviewing the single issue of ineffective assistance of counsel at trial, and holding that defense counsel betrayed his duty of loyalty to his client during closing argument by equivocating about whether his client deserved mercy, by failing to introduce any evidence in support of mercy, and by failing to make any meaningful plea for mercy, especially when combined with counsel's over-emphasis of his client's obvious guilt. Declining to remand for new trial on the issue of guilt, and requiring a limited new trial only on the penalty issue of whether Shelton should or should not receive mercy.

??[Permanent Link] ?Google It!?

CRIMINAL, EVIDENCE :: Improper search

STATE v. KENNETH BOOKHEIMER and STATE v. JESSICA TINGLER, Nos. 33289 and 33290 (Per Curiam)(Starcher, J., concurring)(Maynard, J., dissenting)(Albright, J., concurring)(Benjamin, J., dissenting)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing orders of the Circuit Court of Braxton County that imposed sentences on convictions of conspiracy and operating a clandestine drug laboratory. Holding that the circuit court erred by allowing introduction of evidence seized as the result of an illegal search. Holding that agitated behavior by a resident upon the officer's arrival after receipt of a call regarding a domestic dispute did not create an emergency or exigent circumstance justifying warrantless entry into the mobile home. Neither party consented, officers were asked to leave, and there was no indication that a protective sweep was warranted or justified. Remanded for a new trial.

??[Permanent Link] ?Google It!?

CRIMINAL, EVIDENCE :: 404(b) violations during cross-examination of defendant

STATE v. DAVID NELSON, No. 33188. (Per Curiam)(Maynard, J., dissenting)(Starcher, J., concurring)(October 30, 2007). Reversing jury convictions of six felony offenses related to the death of Wanda Lesher, upon which the defendant had been sentenced to two terms of life without mercy, among other sentences to be served consecutively, on the basis that the defendant was denied a fair trial. Where defendant relied upon an alibi defense and testified at trial, it was error to permit the State on cross-examination to raise alleged acts of past misconduct that were unverified, inflammatory and not subjected to the requirements of Rule 404(b). The alleged acts were also not admissible in the context of rebuttal upon the issue of character.

??[Permanent Link] ?Google It!?

CRIMINAL, JURY :: New trial awarded due to juror misconduct

STATE v. DANNY L. CECIL, No. 33298 (Per Curiam)(Maynard, J., dissenting)(November 21, 2007). Reversing an order of the Circuit Court of Putnam County imposing sentence upon jury convictions for multiple sex crimes. Rejecting several trial errors, including an assertion that the trial court improperly limited a defense expert with statistical evidence tending to undermine the veracity of assertions of sexual abuse victims. Reversing and remanding for a new trial in light of multiple instances of juror misconduct including investigation extrinsic to the deliberation process and one juror who contradicted the court's instructions on the weight to be given to testimony of witnesses. Remanded for new trial.

??[Permanent Link] ?Google It!?

CRIMINAL, JURY :: Juror who worked with law enforcement properly seated

STATE v. WILLIAM MILLS, JR., No. 33340 (Per Curiam)(October 25, 2007). Affirming an order of the Circuit Court of Kanawha County that imposed sentence upon a jury conviction for delivery of a controlled substance. Rejecting appellant's contention that the trial court erred in refusing to strike a juror for cause. The juror was in uniform as a medic for county emergency services and also served on a volunteer fire department with a potential state witness. Concluding that the appellant failed to demonstrate a disqualifying social relationship, and further failed to specifically inquire as to the nature of the juror's relationships with law enforcement officials, and that the juror was very clear about being able to remain impartial.

??[Permanent Link] ?Google It!?


HEALTH CARE :: Incest conviction precludes operating legally unlicensed health care home

PLUMLEY v. WEST VIRGINIA DEPT. of HEALTH and HUMAN RESOURCES/OFFICE of HEALTH FACILITY LICENSURE and CERTIFICATION, No. 33287 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Reversing an order of the Circuit Court of Cabell County that reversed an administrative order requiring closure of a "legally unlicensed health care home" as defined in West Virginia Code of State Rules 64-50-2.6. Holding that a conviction for felony incest, as revealed by a CIB background check, is sufficient to trigger a regulatory bar on operating such a health care home, because the conviction constitutes a crime relevant for the provision of care to a dependent population within the scope of W. Va. C.S.R. 64-50-4.4 (1999).

??[Permanent Link] ?Google It!?

LOCAL GOVERNMENT, JAILS, PROCEDURE :: Regional jail fees

STATE EX REL. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY v. COUNTY COMMISSION OF CABELL COUNTY, et al., No. 33347 (ALBRIGHT, J.)(Starcher, J., concurring)(November 21, 2007)(Rehearing denied, January 10, 2008). Granting a moulded writ of mandamus in a dispute over payments by a county commission to the regional jail authority to cover the daily cost of housing county inmates. Addressing the Court's authority to issue moulded writ relief in cases having statewide impact and affecting the public interest, and holding that the county commission is obligated to pay assessed per diem charges, but that the regional jail authority must promptly meet and formulate a proposed legislative rule as provided for by W. Va. Code 31-20-10(h), addressing issues of uniformity, calculation of the per diem rate, and further clarifying the documentation surrounding any future rate increases.

??[Permanent Link] ?Google It!?

MOTOR VEHICLES, CRIMINAL :: Post-Stump pleas of nolo contendere

STATE EX REL. BAKER v. BOLYARD, Dir. Div. Motor Vehicles, No. 33303 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(October 30, 2007). Affirming an order of the Circuit Court of Greenbrier County that affirmed an administrative decision imposing a six-month driver's license revocation on December 9, 2005, upon receipt of a notification for magistrate court that the defendant entered a nolo contendere plea to first offense DUI. The fact that the plea took place between the Court's prior decision in STATE EX REL STUMP v. JOHNSON, 217 W.Va. 733, 619 S.E.2d 246 (2005) and the May 15, 2006 amendment to W. Va. C.S.R. 91-5-14.1 means that the revocation was automatic upon notification of the nolo contendere plea.

??[Permanent Link] ?Google It!?

? The items on this page are archived by the day they are posted. Use the calendar to browse posts by day.
OPINION SEARCH
Full Text Opinions
Search 1991-Present COURT RULES
Links to Rules
Links to Forms CONFERENCE and ARGUMENT
Calendar
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.

This page is based upon a modified version of the jenett.radio.simplicity.1.3R theme for Radio Userland.

View the original article here

CRIMINAL: sufficient evidence in support of sexual abuse by the guardian

Translate Request has too much data
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Office of the Clerk
Case Topics: Criminal
Information about WV Supreme Court cases in the area of criminal law

?Friday, February 1, 2008

CRIMINAL :: Numerous errors rejected, second degree murder

STATE v. ERIC ALLEN FOSTER, No. 33323 (Per Curiam)(Benjamin, J., disqualified)(Moats, Judge, by temporary assignment)(November 19, 2007)(Rehearing denied, January 10, 2008). Affirming an order of the Circuit Court of Nicholas County imposing two consecutive forty-year sentences upon jury conviction for two counts of second degree murder. Rejecting assertions that there was insufficient evidence of intent. Further holding that certain jury instructions and selection of certain jurors did not constitute plain error, and that there was no per se ineffective assistance of counsel.

??[Permanent Link] ?Google It!?


CRIMINAL :: Negligent homicide

STATE ex rel. NELSON, Prosecuting Attorney v. FRYE, No. 33499 (Per Curiam)(November 8, 2007). Denying a writ of prohibition sought to prevent dismissal of negligent homicide charges following a logging truck accident that resulted in the death of another driver. Holding that where the evidence showed that the truck driver was in excess of the recommended speed, but not over the speed limit, there was insufficient evidence of reckless disregard to sustain the charges.

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CRIMINAL :: Incest, sexual assault, double jeopardy

STATE v. JONATHON FREEMONT RAY, No. 33324 (BENJAMIN, J.)(Starcher, J., concurring)(Albright, J., concurring)(November 8, 2007). Affirming sentences upon multiple convictions for sexual assault, incest and other sex-based offenses imposed by the Circuit Court of Preston County. Rejecting defendant's assertion that consanguinity is an element of the offense of incest, and holding that the statutory definition of incest is met where the victims were stepchildren of the defendant's biological brother. Further rejecting the assertion that double jeopardy prevents convictions for sexual assault and incest arising from the same incident. Applying the Blockburger test to determine that each offense requires a separate element to be proven.

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CRIMINAL :: Sufficient evidence to support sexual abuse by custodian

STATE v. KENNETH RAY COLLLINS, No. 33300 (Per Curiam). Affirming a conviction and sentence imposed by the Circuit Court of Mingo County upon conviction for one count of sexual abuse in the third degree and one count of sexual abuse by a parent, guardian or custodian. Holding that the record ?- including evidence that the defendant "controlled and supervised the eleven year old girl on numerous, albeit temporary, occasions when he would take her away from home to go riding on his four-wheeler" -- reveals a sufficient basis for the jury to conclude that the defendant met the statutory definition of custodian.

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CRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived

STATE v. DANIEL B. BINGMAN, No. 33299 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(October 26, 2007). Affirming a conviction and sentence imposed by the Circuit Court of Gilmer County upon conviction for one count of petit larceny in violation of W. Va. Code 61-3-13(b). The indictment for grand larceny occurred more than one year after the offense. Holding that defense counsel failed to object to jury instructions on the lesser-included offense, thereby waiving any statute of limitations defense that could be asserted, in accord with rule announced in syllabus point 3 of STATE v. BOYD, 209 W. Va. 90, 543 S.E.2d 647 (2000).

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CRIMINAL :: Assessment of jury costs on defense counsel reversed

STATE EX REL. TERRON GODFREY v. ROWE, No. 33444 (Per Curiam)(Davis, C.J., concurring in part and dissenting in part)(October 16, 2007). Granting a moulded writ of prohibition to prevent enforcement of an order imposing jury costs on defense counsel following a mistrial. Holding that the trial court properly rejected defendant's assertion that the second trial was barred by double jeopardy. Further denying as premature relief sought in relation to a motion to join counts of a subsequent indictment and directing the circuit court to address the joinder motion.

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CRIMINAL :: No prejudice in trial court amending indictment

STATE v. RICHARD ALLEN HAINES, No. 33304 (Per Curiam)(October 12, 2007). Affirming an order of the Circuit Court of Hampshire County that imposed sentence upon a jury conviction for one count of felony delivery of a Schedule II controlled substance. Rejecting appellant's contention that the trial court erred in amending the indictment, which had erroneously identified methamphetamine as a Schedule I controlled substance. Holding that the trial court properly concluded that the amendment was not substantial and did not require resubmission to the grand jury in light of the fact that the appellant was not misled, there was no additional burden of proof, and he was not prejudiced as a result of the amendment.

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CRIMINAL, HABEAS CORPUS, ATTORNEYS :: Ineffective assistance of counsel in mercy phase

STATE EX REL. SHANE SHELTON v. PAINTER, Warden, No. 33322 (Per Curiam)(Maynard, J., concurring in part and dissenting in part)(Benjamin, J., concurring in part and dissenting in part)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Ohio County that denied a post-conviction habeas corpus petition after conducting an evidentiary hearing. After testifying at trial and admitting that he shot the victim, Shelton was convicted of first degree murder without mercy. Reviewing the single issue of ineffective assistance of counsel at trial, and holding that defense counsel betrayed his duty of loyalty to his client during closing argument by equivocating about whether his client deserved mercy, by failing to introduce any evidence in support of mercy, and by failing to make any meaningful plea for mercy, especially when combined with counsel's over-emphasis of his client's obvious guilt. Declining to remand for new trial on the issue of guilt, and requiring a limited new trial only on the penalty issue of whether Shelton should or should not receive mercy.

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CRIMINAL, EVIDENCE :: Improper search

STATE v. KENNETH BOOKHEIMER and STATE v. JESSICA TINGLER, Nos. 33289 and 33290 (Per Curiam)(Starcher, J., concurring)(Maynard, J., dissenting)(Albright, J., concurring)(Benjamin, J., dissenting)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing orders of the Circuit Court of Braxton County that imposed sentences on convictions of conspiracy and operating a clandestine drug laboratory. Holding that the circuit court erred by allowing introduction of evidence seized as the result of an illegal search. Holding that agitated behavior by a resident upon the officer's arrival after receipt of a call regarding a domestic dispute did not create an emergency or exigent circumstance justifying warrantless entry into the mobile home. Neither party consented, officers were asked to leave, and there was no indication that a protective sweep was warranted or justified. Remanded for a new trial.

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CRIMINAL, EVIDENCE :: 404(b) violations during cross-examination of defendant

STATE v. DAVID NELSON, No. 33188. (Per Curiam)(Maynard, J., dissenting)(Starcher, J., concurring)(October 30, 2007). Reversing jury convictions of six felony offenses related to the death of Wanda Lesher, upon which the defendant had been sentenced to two terms of life without mercy, among other sentences to be served consecutively, on the basis that the defendant was denied a fair trial. Where defendant relied upon an alibi defense and testified at trial, it was error to permit the State on cross-examination to raise alleged acts of past misconduct that were unverified, inflammatory and not subjected to the requirements of Rule 404(b). The alleged acts were also not admissible in the context of rebuttal upon the issue of character.

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CRIMINAL, JURY :: New trial awarded due to juror misconduct

STATE v. DANNY L. CECIL, No. 33298 (Per Curiam)(Maynard, J., dissenting)(November 21, 2007). Reversing an order of the Circuit Court of Putnam County imposing sentence upon jury convictions for multiple sex crimes. Rejecting several trial errors, including an assertion that the trial court improperly limited a defense expert with statistical evidence tending to undermine the veracity of assertions of sexual abuse victims. Reversing and remanding for a new trial in light of multiple instances of juror misconduct including investigation extrinsic to the deliberation process and one juror who contradicted the court's instructions on the weight to be given to testimony of witnesses. Remanded for new trial.

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CRIMINAL, JURY :: Juror who worked with law enforcement properly seated

STATE v. WILLIAM MILLS, JR., No. 33340 (Per Curiam)(October 25, 2007). Affirming an order of the Circuit Court of Kanawha County that imposed sentence upon a jury conviction for delivery of a controlled substance. Rejecting appellant's contention that the trial court erred in refusing to strike a juror for cause. The juror was in uniform as a medic for county emergency services and also served on a volunteer fire department with a potential state witness. Concluding that the appellant failed to demonstrate a disqualifying social relationship, and further failed to specifically inquire as to the nature of the juror's relationships with law enforcement officials, and that the juror was very clear about being able to remain impartial.

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HEALTH CARE :: Incest conviction precludes operating legally unlicensed health care home

PLUMLEY v. WEST VIRGINIA DEPT. of HEALTH and HUMAN RESOURCES/OFFICE of HEALTH FACILITY LICENSURE and CERTIFICATION, No. 33287 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Reversing an order of the Circuit Court of Cabell County that reversed an administrative order requiring closure of a "legally unlicensed health care home" as defined in West Virginia Code of State Rules 64-50-2.6. Holding that a conviction for felony incest, as revealed by a CIB background check, is sufficient to trigger a regulatory bar on operating such a health care home, because the conviction constitutes a crime relevant for the provision of care to a dependent population within the scope of W. Va. C.S.R. 64-50-4.4 (1999).

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LOCAL GOVERNMENT, JAILS, PROCEDURE :: Regional jail fees

STATE EX REL. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY v. COUNTY COMMISSION OF CABELL COUNTY, et al., No. 33347 (ALBRIGHT, J.)(Starcher, J., concurring)(November 21, 2007)(Rehearing denied, January 10, 2008). Granting a moulded writ of mandamus in a dispute over payments by a county commission to the regional jail authority to cover the daily cost of housing county inmates. Addressing the Court's authority to issue moulded writ relief in cases having statewide impact and affecting the public interest, and holding that the county commission is obligated to pay assessed per diem charges, but that the regional jail authority must promptly meet and formulate a proposed legislative rule as provided for by W. Va. Code 31-20-10(h), addressing issues of uniformity, calculation of the per diem rate, and further clarifying the documentation surrounding any future rate increases.

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MOTOR VEHICLES, CRIMINAL :: Post-Stump pleas of nolo contendere

STATE EX REL. BAKER v. BOLYARD, Dir. Div. Motor Vehicles, No. 33303 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(October 30, 2007). Affirming an order of the Circuit Court of Greenbrier County that affirmed an administrative decision imposing a six-month driver's license revocation on December 9, 2005, upon receipt of a notification for magistrate court that the defendant entered a nolo contendere plea to first offense DUI. The fact that the plea took place between the Court's prior decision in STATE EX REL STUMP v. JOHNSON, 217 W.Va. 733, 619 S.E.2d 246 (2005) and the May 15, 2006 amendment to W. Va. C.S.R. 91-5-14.1 means that the revocation was automatic upon notification of the nolo contendere plea.

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CRIMINAL: sufficient evidence in support of sexual abuse by the guardian

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Information about WV Supreme Court cases in the area of criminal law

?Friday, February 1, 2008

CRIMINAL :: Numerous errors rejected, second degree murder

STATE v. ERIC ALLEN FOSTER, No. 33323 (Per Curiam)(Benjamin, J., disqualified)(Moats, Judge, by temporary assignment)(November 19, 2007)(Rehearing denied, January 10, 2008). Affirming an order of the Circuit Court of Nicholas County imposing two consecutive forty-year sentences upon jury conviction for two counts of second degree murder. Rejecting assertions that there was insufficient evidence of intent. Further holding that certain jury instructions and selection of certain jurors did not constitute plain error, and that there was no per se ineffective assistance of counsel.

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CRIMINAL :: Negligent homicide

STATE ex rel. NELSON, Prosecuting Attorney v. FRYE, No. 33499 (Per Curiam)(November 8, 2007). Denying a writ of prohibition sought to prevent dismissal of negligent homicide charges following a logging truck accident that resulted in the death of another driver. Holding that where the evidence showed that the truck driver was in excess of the recommended speed, but not over the speed limit, there was insufficient evidence of reckless disregard to sustain the charges.

??[Permanent Link] ?Google It!?

CRIMINAL :: Incest, sexual assault, double jeopardy

STATE v. JONATHON FREEMONT RAY, No. 33324 (BENJAMIN, J.)(Starcher, J., concurring)(Albright, J., concurring)(November 8, 2007). Affirming sentences upon multiple convictions for sexual assault, incest and other sex-based offenses imposed by the Circuit Court of Preston County. Rejecting defendant's assertion that consanguinity is an element of the offense of incest, and holding that the statutory definition of incest is met where the victims were stepchildren of the defendant's biological brother. Further rejecting the assertion that double jeopardy prevents convictions for sexual assault and incest arising from the same incident. Applying the Blockburger test to determine that each offense requires a separate element to be proven.

??[Permanent Link] ?Google It!?

CRIMINAL :: Sufficient evidence to support sexual abuse by custodian

STATE v. KENNETH RAY COLLLINS, No. 33300 (Per Curiam). Affirming a conviction and sentence imposed by the Circuit Court of Mingo County upon conviction for one count of sexual abuse in the third degree and one count of sexual abuse by a parent, guardian or custodian. Holding that the record ?- including evidence that the defendant "controlled and supervised the eleven year old girl on numerous, albeit temporary, occasions when he would take her away from home to go riding on his four-wheeler" -- reveals a sufficient basis for the jury to conclude that the defendant met the statutory definition of custodian.

??[Permanent Link] ?Google It!?

CRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived

STATE v. DANIEL B. BINGMAN, No. 33299 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(October 26, 2007). Affirming a conviction and sentence imposed by the Circuit Court of Gilmer County upon conviction for one count of petit larceny in violation of W. Va. Code 61-3-13(b). The indictment for grand larceny occurred more than one year after the offense. Holding that defense counsel failed to object to jury instructions on the lesser-included offense, thereby waiving any statute of limitations defense that could be asserted, in accord with rule announced in syllabus point 3 of STATE v. BOYD, 209 W. Va. 90, 543 S.E.2d 647 (2000).

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CRIMINAL :: Assessment of jury costs on defense counsel reversed

STATE EX REL. TERRON GODFREY v. ROWE, No. 33444 (Per Curiam)(Davis, C.J., concurring in part and dissenting in part)(October 16, 2007). Granting a moulded writ of prohibition to prevent enforcement of an order imposing jury costs on defense counsel following a mistrial. Holding that the trial court properly rejected defendant's assertion that the second trial was barred by double jeopardy. Further denying as premature relief sought in relation to a motion to join counts of a subsequent indictment and directing the circuit court to address the joinder motion.

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CRIMINAL :: No prejudice in trial court amending indictment

STATE v. RICHARD ALLEN HAINES, No. 33304 (Per Curiam)(October 12, 2007). Affirming an order of the Circuit Court of Hampshire County that imposed sentence upon a jury conviction for one count of felony delivery of a Schedule II controlled substance. Rejecting appellant's contention that the trial court erred in amending the indictment, which had erroneously identified methamphetamine as a Schedule I controlled substance. Holding that the trial court properly concluded that the amendment was not substantial and did not require resubmission to the grand jury in light of the fact that the appellant was not misled, there was no additional burden of proof, and he was not prejudiced as a result of the amendment.

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CRIMINAL, HABEAS CORPUS, ATTORNEYS :: Ineffective assistance of counsel in mercy phase

STATE EX REL. SHANE SHELTON v. PAINTER, Warden, No. 33322 (Per Curiam)(Maynard, J., concurring in part and dissenting in part)(Benjamin, J., concurring in part and dissenting in part)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Ohio County that denied a post-conviction habeas corpus petition after conducting an evidentiary hearing. After testifying at trial and admitting that he shot the victim, Shelton was convicted of first degree murder without mercy. Reviewing the single issue of ineffective assistance of counsel at trial, and holding that defense counsel betrayed his duty of loyalty to his client during closing argument by equivocating about whether his client deserved mercy, by failing to introduce any evidence in support of mercy, and by failing to make any meaningful plea for mercy, especially when combined with counsel's over-emphasis of his client's obvious guilt. Declining to remand for new trial on the issue of guilt, and requiring a limited new trial only on the penalty issue of whether Shelton should or should not receive mercy.

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CRIMINAL, EVIDENCE :: Improper search

STATE v. KENNETH BOOKHEIMER and STATE v. JESSICA TINGLER, Nos. 33289 and 33290 (Per Curiam)(Starcher, J., concurring)(Maynard, J., dissenting)(Albright, J., concurring)(Benjamin, J., dissenting)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing orders of the Circuit Court of Braxton County that imposed sentences on convictions of conspiracy and operating a clandestine drug laboratory. Holding that the circuit court erred by allowing introduction of evidence seized as the result of an illegal search. Holding that agitated behavior by a resident upon the officer's arrival after receipt of a call regarding a domestic dispute did not create an emergency or exigent circumstance justifying warrantless entry into the mobile home. Neither party consented, officers were asked to leave, and there was no indication that a protective sweep was warranted or justified. Remanded for a new trial.

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CRIMINAL, EVIDENCE :: 404(b) violations during cross-examination of defendant

STATE v. DAVID NELSON, No. 33188. (Per Curiam)(Maynard, J., dissenting)(Starcher, J., concurring)(October 30, 2007). Reversing jury convictions of six felony offenses related to the death of Wanda Lesher, upon which the defendant had been sentenced to two terms of life without mercy, among other sentences to be served consecutively, on the basis that the defendant was denied a fair trial. Where defendant relied upon an alibi defense and testified at trial, it was error to permit the State on cross-examination to raise alleged acts of past misconduct that were unverified, inflammatory and not subjected to the requirements of Rule 404(b). The alleged acts were also not admissible in the context of rebuttal upon the issue of character.

??[Permanent Link] ?Google It!?

CRIMINAL, JURY :: New trial awarded due to juror misconduct

STATE v. DANNY L. CECIL, No. 33298 (Per Curiam)(Maynard, J., dissenting)(November 21, 2007). Reversing an order of the Circuit Court of Putnam County imposing sentence upon jury convictions for multiple sex crimes. Rejecting several trial errors, including an assertion that the trial court improperly limited a defense expert with statistical evidence tending to undermine the veracity of assertions of sexual abuse victims. Reversing and remanding for a new trial in light of multiple instances of juror misconduct including investigation extrinsic to the deliberation process and one juror who contradicted the court's instructions on the weight to be given to testimony of witnesses. Remanded for new trial.

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CRIMINAL, JURY :: Juror who worked with law enforcement properly seated

STATE v. WILLIAM MILLS, JR., No. 33340 (Per Curiam)(October 25, 2007). Affirming an order of the Circuit Court of Kanawha County that imposed sentence upon a jury conviction for delivery of a controlled substance. Rejecting appellant's contention that the trial court erred in refusing to strike a juror for cause. The juror was in uniform as a medic for county emergency services and also served on a volunteer fire department with a potential state witness. Concluding that the appellant failed to demonstrate a disqualifying social relationship, and further failed to specifically inquire as to the nature of the juror's relationships with law enforcement officials, and that the juror was very clear about being able to remain impartial.

??[Permanent Link] ?Google It!?


HEALTH CARE :: Incest conviction precludes operating legally unlicensed health care home

PLUMLEY v. WEST VIRGINIA DEPT. of HEALTH and HUMAN RESOURCES/OFFICE of HEALTH FACILITY LICENSURE and CERTIFICATION, No. 33287 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Reversing an order of the Circuit Court of Cabell County that reversed an administrative order requiring closure of a "legally unlicensed health care home" as defined in West Virginia Code of State Rules 64-50-2.6. Holding that a conviction for felony incest, as revealed by a CIB background check, is sufficient to trigger a regulatory bar on operating such a health care home, because the conviction constitutes a crime relevant for the provision of care to a dependent population within the scope of W. Va. C.S.R. 64-50-4.4 (1999).

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LOCAL GOVERNMENT, JAILS, PROCEDURE :: Regional jail fees

STATE EX REL. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY v. COUNTY COMMISSION OF CABELL COUNTY, et al., No. 33347 (ALBRIGHT, J.)(Starcher, J., concurring)(November 21, 2007)(Rehearing denied, January 10, 2008). Granting a moulded writ of mandamus in a dispute over payments by a county commission to the regional jail authority to cover the daily cost of housing county inmates. Addressing the Court's authority to issue moulded writ relief in cases having statewide impact and affecting the public interest, and holding that the county commission is obligated to pay assessed per diem charges, but that the regional jail authority must promptly meet and formulate a proposed legislative rule as provided for by W. Va. Code 31-20-10(h), addressing issues of uniformity, calculation of the per diem rate, and further clarifying the documentation surrounding any future rate increases.

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MOTOR VEHICLES, CRIMINAL :: Post-Stump pleas of nolo contendere

STATE EX REL. BAKER v. BOLYARD, Dir. Div. Motor Vehicles, No. 33303 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(October 30, 2007). Affirming an order of the Circuit Court of Greenbrier County that affirmed an administrative decision imposing a six-month driver's license revocation on December 9, 2005, upon receipt of a notification for magistrate court that the defendant entered a nolo contendere plea to first offense DUI. The fact that the plea took place between the Court's prior decision in STATE EX REL STUMP v. JOHNSON, 217 W.Va. 733, 619 S.E.2d 246 (2005) and the May 15, 2006 amendment to W. Va. C.S.R. 91-5-14.1 means that the revocation was automatic upon notification of the nolo contendere plea.

??[Permanent Link] ?Google It!?

? The items on this page are archived by the day they are posted. Use the calendar to browse posts by day.
OPINION SEARCH
Full Text Opinions
Search 1991-Present COURT RULES
Links to Rules
Links to Forms CONFERENCE and ARGUMENT
Calendar
Live Webcast LINKS TO LAST 50 POSTS in this CATEGORY

View this page as XML [RSS 0.92]:
.

This page is based upon a modified version of the jenett.radio.simplicity.1.3R theme for Radio Userland.

View the original article here