State v. Davis
Decision Date | 21 November 2013 |
Docket Number | No. 11–1445.,11–1445. |
Citation | 232 W.Va. 398,752 S.E.2d 429 |
Parties | STATE of West Virginia, Plaintiff Below, Respondent v. Ronald C. DAVIS, Defendant Below, Petitioner. |
Court | West Virginia Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court
1. Syl. pt. 3, State v. Vance, 207 W.Va. 640, 535 S.E.2d 484 (2000).
2. “To trigger application of the ‘plain error’ doctrine, there must be (1) an error; (2) that is plain; (3) that affects substantial rights; and (4) seriously affects the fairness, integrity, or public reputation of the judicial proceedings.” Syl. pt. 7, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995).
3. “A preliminary examination conducted pursuant to Rule 5.1 of the West Virginia Rules of Criminal Procedure serves to determine whether there is probable cause to believe that an offense has been committed and that the defendant committed it; the purpose of such an examination is not to provide the defendant with discovery of the nature of the State's case against the defendant, although discovery may be a by-product of the preliminary examination.” Syl. pt. 1, Desper v. State, 173 W.Va. 494, 318 S.E.2d 437 (1984).
4. Syl. pt. 2, Desper v. State, 173 W.Va. 494, 318 S.E.2d 437 (1984).
5. “ ‘ .' .” Syl. pt. 1, State v. Kaufman, 227 W.Va. 537, 711 S.E.2d 607 (2011).
6. Syl. pt. 1, State v. Lacy, 196 W.Va. 104, 468 S.E.2d 719 (1996).
7. Syl. pt. 3, State v. Stuart, 192 W.Va. 428, 452 S.E.2d 886 (1994).
8. “A trial court's determination of whether a custodial interrogation environment exists for purposes of giving Miranda warnings to a suspect is based upon whether a reasonable person in the suspect's position would have considered his or her freedom of action curtailed to a degree associated with a formal arrest.” Syl. pt. 1, State v. Middleton, 220 W.Va. 89, 640 S.E.2d 152 (2006), overruled on other grounds by State v. Eilola, 226 W.Va. 698, 704 S.E.2d 698 (2010).
9. “The factors to be considered by the trial court in making a determination of whether a custodial interrogation environment exists, while not all-inclusive, include: the location and length of questioning; the nature of the questioning as it relates to the suspected offense; the number of police officers present; the use or absence of force or physical restraint by the police officers; the suspect's verbal and nonverbal responses to the police officers; and the length of time between the questioning and formal arrest.” Syl. pt. 1, State v. Middleton, 220 W.Va. 89, 640 S.E.2d 152 (2006), overruled on other grounds by State v. Eilola, 226 W.Va. 698, 704 S.E.2d 698 (2010).
10. Syl. pt. 2, State v. Osakalumi, 194 W.Va. 758, 461 S.E.2d 504 (1995).
11. “When the government performs a complicated test on evidence that is important to the determination of guilty, and in doing so destroys the possibility of an independent replication of the test, the government must preserve as much documentation of the test as is reasonably possible to allow for a full and fair examination of the results by a defendant and his experts.” Syl. pt. 4, State v. Thomas, 187 W.Va. 686, 421 S.E.2d 227 (1992).
12. “A prosecution that withholds evidence which if made available would tend to exculpate an accused by creating a reasonable doubt as to his guilt violates due process of law under Article III, Section 14 of the West Virginia Constitution.” Syl. pt. 4, State v. Hatfield, 169 W.Va. 191, 286 S.E.2d 402 (1982).
13. Syl. pt. 4, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).
14. “Instructions must be based upon the evidence and an instruction which is not supported by evidence should not be given.” Syl. pt. 4, State v. Collins, 154 W.Va. 771, 180 S.E.2d 54 (1971).
15. Syl. pt. 7, State v. Neuman, 179 W.Va. 580, 371 S.E.2d 77 (1988).
Herbert L. Hively, Jr., Esq., Charleston, WV, Kennand L. Skeen, II., Esq., Ripley, WV, for the Petitioner.
Patrick Morrisey, Esq., Attorney General, Christopher S. Doddrill, Esq., Assistant Attorney General, Charleston, WV, for the Respondent.
Petitioner Ronald C. Davis appeals his jury conviction for first degree murder and first degree arson involving a fire that killed his girlfriend, Cathy Parsons (“Ms. Parsons”). He was sentenced to life imprisonment without the possibility for parole on the murder conviction and a determinate term of 20 years in prison for the arson conviction. After a careful review of the record submitted for review, the briefs of counsel, the arguments of counsel and the law on these matters, we affirm the conviction and sentence.
On September 23, 2010, the mobile home in which Cathy Parsons and the petitioner lived was engulfed in flames. On the day of the fire Ms. Parsons' daughter, Eltina Harper, and son-in-law, Allen Michael Harper, who lived 15 to 25 feet from Ms. Parsons' residence, heard pounding, loud talk and a scream emanating from the neighboring mobile home. Mrs. Harper looked toward her mother's home and saw the petitioner bending over on the front porch, and then saw a ball of flame erupt above him. Mr. Harper ran outside to help after hearing the noises. He found the door to the burning mobile home barricaded and the windows blocked. Although the Harpers and others tried to get...
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Requests for Inspection
...by the wastebasket’s absence, as neither party had opportunity to examine the wastebasket prior to its removal. State v. Davis , 752 S.E.2d 429 (W.Va., 2013). In a murder and arson prosecution, the removal of the remains of a burned down residence in which the victim died did not constitute......
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...by the wastebasket’s absence, as neither party had opportunity to examine the wastebasket prior to its removal. State v. Davis , 752 S.E.2d 429 (W.Va., 2013). In a murder and arson prosecution, the removal of the remains of a burned down residence in which the victim died did not constitute......