Justia Criminal Law Opinion Summaries

The petitioner was indicted in Randolph County, West Virginia, on three charges: possession with intent to deliver a controlled substance (a felony), carrying a deadly weapon (a misdemeanor), and improper registration (a misdemeanor). To resolve these charges, the petitioner and the State entered into a plea agreement. Under its terms, the petitioner agreed to plead guilty to the drug and registration charges, while the State agreed to dismiss the deadly weapon charge. Importantly, prosecution of the drug charge was deferred for twenty-four months under a pretrial diversion agreement; if the petitioner successfully completed the diversionary period and complied with all conditions, the drug charge would be dismissed. The petitioner did so, and the circuit court dismissed the drug charge with prejudice.Afterward, the petitioner sought to expunge all records related to the dismissed drug charge under West Virginia Code § 61-11-25(a) (2012). The Circuit Court of Randolph County denied the petition, finding that the drug charge was dismissed in exchange for a guilty plea to another offense, making the petitioner ineligible for expungement under the statute. The petitioner appealed to the Intermediate Court of Appeals of West Virginia, which affirmed the circuit court’s decision, concluding that the dismissal of the drug charge was part of the same exchange as the guilty plea and thus barred expungement.On further appeal, the Supreme Court of Appeals of West Virginia reviewed the case for abuse of discretion and interpreted the statute de novo. The court held that the plain language of West Virginia Code § 61-11-25(a) precludes expungement when a charge is dismissed in exchange for a guilty plea to another offense. The court affirmed the lower courts’ decisions, finding that the petitioner was ineligible to seek expungement of the drug charge under the applicable statute. View "In re: Petition of D.K. for Expungement of Record" 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 defendant was indicted for failing to provide notice of sex offender registration changes, which was his third or subsequent offense. After a jury convicted him of the substantive charge, he admitted to having at least two prior convictions for similar offenses. The circuit court continued his bond with the condition of home incarceration and referred the case for a presentence investigation and report. However, the defendant absconded by removing his ankle monitor and failed to appear for both his presentence interview and the initial sentencing hearing. He was later apprehended and brought before the court for sentencing.The Circuit Court of Summers County held a sentencing hearing after the defendant’s apprehension. At this hearing, defense counsel requested a continuance because no presentence investigation or report had been completed, and objected to sentencing without it, especially since the defendant was seeking probation. The circuit court found that the defendant’s escape constituted a waiver of his right to a presentence investigation and report, denied probation, and sentenced him to an indeterminate term of ten to twenty-five years’ incarceration. The defendant appealed, arguing that the circuit court erred by sentencing him without a presentence investigation and report.The Supreme Court of Appeals of West Virginia reviewed the case. It held that while there is no constitutional right to a presentence investigation and report, West Virginia Rule of Criminal Procedure 32(b)(1) requires a presentence report unless specific conditions are met. The court found that the defendant’s escape only waived his right to participate in the investigation, not his right to have a report prepared. The court vacated the sentence and remanded the case, directing the circuit court to order a presentence investigation and report and to conduct a new sentencing hearing in accordance with Rule 32. View "State of West Virginia v. DePriest" on Justia Law

In December 2020, Gavin Smith's grandfather discovered Smith's mother, stepfather, and two younger brothers shot to death in their home. Smith, who was sixteen at the time, was later found at his girlfriend's grandmother's house and arrested. Smith's girlfriend, Rebecca Walker, was also charged but entered a plea agreement to testify against Smith in exchange for a reduced sentence.The Circuit Court of Kanawha County transferred Smith from juvenile to adult criminal jurisdiction. A grand jury indicted him on four counts of first-degree murder and four counts of using a firearm during a felony. During the trial, Walker testified about her plea deal and the events of the murders. Smith's counsel cross-examined her about the life sentence she avoided, leading to a court instruction clarifying that Smith would be eligible for parole after fifteen years due to his age at the time of the crime.The jury convicted Smith of three counts of first-degree murder, one count of second-degree murder, and one count of using a firearm during a felony. The court sentenced him to three life terms with mercy plus fifty years, all to run consecutively.The Supreme Court of Appeals of West Virginia reviewed the case. Smith argued that the circuit court erred by informing the jury about his parole eligibility, which prejudiced the jury. The Supreme Court agreed, finding that the circuit court's instruction on parole eligibility was improper and prejudicial. The court held that outside the context of cases involving a recommendation of mercy, it is improper to inform the jury about sentencing possibilities. Consequently, the Supreme Court vacated Smith's convictions and the circuit court's sentencing order, remanding the case for a new trial. View "State v. Smith" 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

In the early morning of June 28, 2014, Ms. Taylor Hawkridge was shot and killed in her apartment complex parking lot. Eyewitnesses reported seeing a man in a hooded sweatshirt fleeing the scene in a dark Dodge Charger. Ms. Hawkridge had a verbal altercation with Nasstashia Van Camp Powell at her workplace, Vixens Gentlemen’s Club, the night before. Ms. Powell, who was later convicted of second-degree murder, implicated Joseph Mason and Richard Small in the murder, stating they were paid to kill Ms. Hawkridge because she was a police informant.The Circuit Court of Berkeley County sentenced Mr. Mason to life imprisonment without mercy for first-degree murder and a consecutive term of one to five years for conspiracy. Mr. Mason appealed, arguing that the court erred in admitting a photograph of a social media post without proper authentication, allowing evidence of his gang and drug affiliations, permitting hearsay testimony, failing to sever his trial from Mr. Small’s, and denying him a fair trial through cumulative error.The Supreme Court of Appeals of West Virginia reviewed the case and found no error. The court held that the photograph of the Instagram post was properly authenticated through distinctive characteristics and testimony. The evidence of Mr. Mason’s gang and drug affiliations and his dislike of informants was deemed intrinsic to the charged crimes, providing necessary context. The court also found that Ms. Linton’s testimony about Ms. Powell’s prior consistent statements was admissible to rebut charges of recent fabrication. Mr. Mason’s argument for severance was waived as it was not raised in the lower court. Finally, the court found no cumulative error, as none of the individual claims had merit. The court affirmed Mr. Mason’s convictions and sentence. View "State v. Mason" on Justia Law