Ladies seeking sex Clothier West Virginia

Added: Ellis Hanlin - Date: 25.03.2022 06:10 - Views: 45015 - Clicks: 3256

The petitioner, Timothy C. Following a careful review of the parties' arguments, the appendix record, and the applicable law, this Court finds no reversible error regarding the petitioner's convictions related to victim A. We do find error, however, in the trial court's exclusion of the DNA evidence, which warrants a reversal of the petitioner's convictions related to victim M. Accordingly, we remand this action to the circuit court for further proceedings solely on the counts involving victim M.

In October ofa Jackson County grand jury returned an eleven-count indictment charging the petitioner with sex crimes involving his minor daughter, M. The first nine counts of the indictment involved M. The final two counts involved a single incident with A. Possessing a shirt belonging to M. The trial court denied the motion. The trial court granted the motion, and the petitioner provided a saliva sample. Soon thereafter, the State filed a motion in limine seeking to exclude the introduction of the DNA test at trial because they eliminated the petitioner as a potential donor of the semen.

The State argued the evidence was irrelevant, overly prejudicial, and would violate the rape shield law. The trial court granted the State's motion in limine on the basis that the rape shield law prohibited the introduction of the DNA. Because M. The trial court concluded that the possibility that someone else abused M. The State also filed a pre-trial motion seeking to introduce Rule b evidence at trial from four minor females, E.

Edward Charles L. He further presented testimony that criminal charges were never filed as to M. The petitioner's trial began on October 14, Seven witnesses were called by the State, including the two Rule b witnesses.

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Six witnesses were called by the defense. During that same weekend, M. Following the disclosure, the petitioner and Denise G. Regarding the victim, A. One evening in July or August ofthe petitioner was in A. At first, she thought her grandmother, Kathy E. According to A. Instead, he walked through the house and carried her to a porch, which she described as a toy room or sunroom, where he laid her down on a bed. She explained that she was scared and crying. Although A. Kathy E. Regarding the evening in question, she testified that she and the petitioner were in her yard while her grandchildren were outside playing.

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According to Kathy E. She explained that although A. The State also presented the testimony of the two Rule b witnesses: E. Later, as she began to fall asleep herself, E. Thereafter, she was pretending to be asleep when the petitioner slowly put his hand up her dress and into her underpants, penetrating her vagina and hurting her. Afterwards, she went to the bathroom, and it hurt to urinate.

At that point, E. The following morning, a small dog in the household bit E. She was fifteen years old at the time of trial. Describing the first incident, R. She saw it was the petitioner, who then squeezed her vagina through her underwear. Regarding a second incident, R. She again removed herself from the situation by leaving the living room and going upstairs. The petitioner came into her room, lied down beside her on the bed, and asked her to feel his erect penis, which she could see through his clothes.

She refused his request and went to her mother's room. Through Officer Thompson, the video recording of the petitioner's statement given to police during their investigation was admitted into evidence at trial. Officer Thompson confirmed that the petitioner denied M.

The petitioner's witnesses at trial included his girlfriend, Denise G. Contrary to M. The petitioner also presented testimony that R. The petitioner did not testify in his defense.

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The jury returned its verdict finding the petitioner guilty on the five remaining counts of the indictment. This appeal followed. The petitioner ass evidentiary error at trial related to the exclusion of the DNA evidence and the admission of the Rule b evidence. Rodoussakis, W. First, we review for clear error the trial court's factual determination that there is sufficient evidence to show the other acts occurred.

Second, we review de novo whether the trial court correctly found the evidence was admissible for a legitimate purpose. State v. Jonathan B. LaRock, W. The petitioner also challenges the sufficiency of the evidence on the count charging him with sexual abuse by a custodian or person in a position of trust involving victim A.

It is axiomatic that. An appellate court must review all the evidence, whether direct or circumstantial, in the light most favorable to the prosecution and must credit all inferences and credibility assessments that the jury might have drawn in favor of the prosecution. The evidence need not be inconsistent with every conclusion save that of guilt so long as the jury can find guilt beyond a reasonable doubt.

Credibility determinations Ladies seeking sex Clothier West Virginia for a jury and not an appellate court. Finally, a jury verdict should be set aside only when Ladies seeking sex Clothier West Virginia record contains no evidence, regardless of how it is weighed, from which the jury could find guilt beyond a reasonable doubt. Under these well-established standards, we proceed to determine whether the petitioner is entitled to relief from his convictions. The petitioner seeks to overturn his convictions based on evidentiary error at trial, as well as the sufficiency of the State's evidence to convict him on one of the two counts involving A.

We will address each of these asments of error in turn. The petitioner argues the trial court abused its discretion by relying upon the rape shield law to prohibit the introduction of the DNA test that eliminated him as a potential donor of the semen found on M. Asserting that the rape shield law is intended to protect victims, rather than aid the State, the petitioner contends it must yield to an individual's constitutional right to a fair trial. The petitioner maintains the State never explained how the introduction of this DNA evidence would circumvent the purpose behind the rape shield law by harassing M.

He emphasizes that this evidence did not suddenly become irrelevant and inadmissible simply because the test were unfavorable to the State's case. In summary, the petitioner argues that the DNA test were highly probative and crucial to his defense; were admissible under Rule a 3 27 of the West Virginia Rules of Evidence as evidence specifically related to the acts for which he was charged; and were necessary to prevent manifest injustice.

Relying upon Rule b 1which provides that a trial court's admission of such evidence is permissive rather than mandatory, the State argues the trial court correctly excluded the DNA evidence because there is no question of identity in this matter given that M. The State further argues that whether an unidentified male deposited semen on M. Lastly, the State maintains the petitioner was not denied his right to present a defense through the exclusion of the DNA test since its admission would distract the jury from determining the merits of M.

Under this test, we will reverse a trial court's ruling only if there has been a clear abuse of discretion. Guthrie, W. Further, an abuse of discretion in evidentiary rulings is not reversible error if the trial court's error is harmless.

See W. Thomas, W. As the State correctly argues, Rule b of the West Virginia Rules of Evidence provides that the admission of evidence covered by our rape shield law is permissive, rather than mandatory, as follows:. A evidence of specific instances of a victim's sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence. In the instant matter, the petitioner sought to introduce the DNA test at trial in support of his theory of innocence and to show that someone else was the source of semen on M.

These purposes clearly fall within the delineated exceptions set forth in Rule b 1. Indeed, once the DNA test revealed that the petitioner was not a donor of the semen found on clothing being worn by M. This satisfies the first factor to be examined under Guthrie, W. It is equally clear that the probative value of the DNA evidence to the petitioner exceeds its prejudicial effect—which is the second Guthrie factor. The State argues that whether an unidentified male deposited semen on M.

We disagree. In fact, the State's representation in its verified motion that the clothing being tested was worn by M. While M. See, e. Smith, A. Because of M. In short, under the particular facts of this case, we find the balance of the probative value of this evidence, which supports the petitioner's defense of innocence, outweighs its prejudicial effect to the State.

Turning to the third Guthrie factor, we find that the State's compelling interests in excluding the evidence are outweighed by the petitioner's right to present relevant evidence which supports his defense.

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While we recognize that evidentiary rulings are largely within the trial court's discretion, we have explained that. Jenkins, W. Here, the State arduously pursued DNA testing on the basis that it could provide crucial, corroborative evidence. Then, once the testing produced unfavorableit sought to exclude the evidence, arguing it was irrelevant and highly prejudicial. Based on the foregoing, we are compelled to find that the trial court abused its discretion in excluding the DNA testwhich necessarily deprived the petitioner of his due process right to a fair trial on the three counts of the indictment involving M.

Because we cannot say there is no reasonable possibility that the exclusion of this evidence contributed to the petitioner's convictions involving M. See Thomas, W. However, inasmuch as this evidentiary issue is unique to M.

In United States v. Bear Stops, F. The defendant challenged the district court's exclusion of evidence indicating that P. The Court further found that the error was not harmless and reversed the conviction as to P. However, the Court affirmed the defendant's convictions involving B.

Here, unlike the sexual assault of M. The petitioner was charged with placing his penis inside the mouth of his seven-year-old daughter, M. When seeking to introduce the DNA test at trial, the petitioner specifically argued the evidence was crucial to his defense to M. In contrast, the counts involving A.

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