State v. Iran G.
Decision Date | 14 January 2019 |
Docket Number | No. 17-0780,17-0780 |
Court | West Virginia Supreme Court |
Parties | State of West Virginia, Plaintiff Below, Respondent v. Iran G., Defendant Below, Petitioner |
Petitioner Iran G., by counsel James E. Shay, Jr., appeals the Circuit Court of Marion County's August 4, 2017, order sentencing him following his conviction on counts of first-degree sexual abuse, first-degree sexual assault, and sexual abuse by a parent, guardian, custodian, or person in a position of trust.1 Respondent State of West Virginia, by counsel Scott E. Johnson, filed a response and supplemental appendix. On appeal, petitioner contends the circuit court erred in permitting him to represent himself at trial, denying his motion for a new trial based upon prosecutorial misconduct, and denying his motion for judgment of acquittal because there was insufficient evidence to support his convictions. Petitioner also alleges that that he was denied effective assistance of counsel.
This Court has considered the parties' briefs and the record on appeal. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the circuit court's order is appropriate under Rule 21 of the Rules of Appellate Procedure.
In June of 2016, petitioner was indicted for 143 counts relating to his abuse of five juveniles, K.L., C.A., E.L., D.A., and J.G. The charges included forty-eight counts of first-degree sexual assault; twenty-four counts of first-degree sexual abuse; and seventy-one counts of sexual abuse by a parent, guardian, custodian, or person in a position of trust. The circuit court appointed trial counsel for petitioner and he thereafter filed pretrial motions and otherwise assisted petitioner in building his defense.
After further discussion, the circuit court again asked "[s]o if I give you and [counsel] a little bit more time to talk, you don't believe you're going to change your mind, is that what you're telling me?" Petitioner replied The circuit court continued to advise petitioner against representing himself. The circuit court reviewed, paragraph by paragraph, the signed waiver of right to counsel, advised petitioner of the dangers of proceeding without counsel, and informed him that he would be held to the same evidentiary standard as an attorney. After advising him of the dangers of self-representation, the circuit court again asked petitioner if he desired more time to speak to his counsel. Petitioner briefly thought the matter over but insisted that he wanted to represent himself. The circuit court granted petitioner's motion to represent himself, finding that petitioner was mentally capable to waive representation, was literate and had been fully informed of his right to counsel, fully understood the implications of waiving his right to counsel, voluntarily and rationally waived his right to counsel, and was fully advised of the pitfalls, dangers, and consequences of acting as his own attorney. The circuit court also ordered that Mr. Shough continue as standby counsel in the event that petitioner needed assistance or no longer wished to proceed pro se.
The trial began later that morning and the State called a number of witnesses including each of the five victims, a forensic interviewer, a pediatrician, and a therapist, all of whom spoke to the sexual abuse perpetrated by petitioner. Specifically, the pediatrician testified that she led the physical examinations of all five children and, while not present for the entirety of each exam, was present for the entirety of the examinations of K.L. and E.L. The pediatrician opinedthat K.L. and E.L. showed the symptomology of children who had been sexually abused. The therapist testified that she worked with each of the five children and specifically opined that J.G. and D.A. gave statements that were consistent with other children who had been sexually abused. Each of the five victims testified that petitioner had touched their vaginas, among other acts of sexual abuse. During the testimony of seven-year-old D.A., the child stated that she was unable to remember how many times she was abused, what day it was, or the time. However, the child was given a drawing of a female body and circled the vagina when asked where petitioner had touched her.
Petitioner resumed testifying at that point and the State continued with the following line of questions:
During re-direct examination, petitioner's standby counsel questioned petitioner on this point:
During re-cross examination, the State asked petitioner whether he was a party to the confidential case in which he admitted to the sexual abuse of the children at issue. At that point, the circuit court ordered counsel and petitioner to the bench and stated The circuit court told counsel for the State that he had gone "far enough."
At the close of the trial, the jury found petitioner guilty of all 143 counts. After his conviction, in May of 2017, petitioner filed post-trial motions requesting that he be granted a new trial based upon the State's inappropriate questioning into his abuse and neglect case. Petitioner also requested a judgment of acquittal based upon the sufficiency of the evidence. Petitioner asserted that the verdicts with regard to child D.A. were against the weight of the evidence since she had provided no actual testimony that she had been abused. Further, petitioner argued that none of the testimony presented set forth specific instances of misconduct that "matched the number of counts against him." He also stated that the jury deliberated for a limited amount of time and "simply rendered their verdicts based on the...
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