State ex rel. State v. Honorable David J. Sims

The Supreme Court granted two petitions for writs of prohibition, one sought by the State to prohibit enforcement of an order of the circuit court that reduced the criminal sentence of James Wilkerson, the other sought by the State to prohibit enforcement of an order of the circuit court that reduced the criminal sentence of Robert McFarland. The Supreme Court granted both petitions, holding (1) prohibition was appropriate to preclude enforcement of the circuit court’s order reducing Wilkerson’s sentence because the State did not receive notice and an opportunity to be heard on Wilkerson’s motion to reduce his sentence; and (2) the circuit court lacked jurisdiction to reduce McFarland’s sentence because the W. Va. R. Crim. P. 35(b) motion that McFarland relied upon to obtain relief was untimely. View "State ex rel. State v. Honorable David J. Sims" on Justia Law