State v. Meadows

• Citation: 231 W.Va. 10,743 S.E.2d 318
• Decision Date: 16 May 2013
• Docket Number: No. 12–0075.,12–0075.
• Parties: STATE of West Virginia, Plaintiff Below, Respondent v. James R.L. MEADOWS Defendant Below, Petitioner.
• Court: West Virginia Supreme Court

231 W.Va. 10

743 S.E.2d 318

STATE of West Virginia, Plaintiff Below, Respondent

v.James R.L. MEADOWS Defendant Below, Petitioner.

No. 12–0075.

Supreme Court of Appeals of

West Virginia.

Submitted April 17, 2013.

Decided May 16, 2013.

Syllabus by the Court

1. “In reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review.” Syl. Pt. 2, Walker v. West Virginia Ethics Commission, 201 W.Va. 108, 492 S.E.2d 167 (1997).

2. “A trial court's evidentiary rulings, as well as its application of the Rules of Evidence, are subject to review under an abuse of discretion standard.” Syl. Pt. 4, State v. Rodoussakis, 204 W.Va. 58, 511 S.E.2d 469 (1998).

3. “Polygraph test results are not admissible in evidence in a criminal trial in this State.” Syl. Pt. 2, State v. Frazier, 162 W.Va. 602, 252 S.E.2d 39 (1979).

4. “Rule 401 of the West Virginia Rules of Evidence requires the trial court to determine the relevancy of the exhibit on the basis of whether the photograph is probative as to a fact of consequence in the case. The trial court then must consider whether the probative value of the exhibit is substantially outweighed by the counterfactors listed in Rule 403 of the West Virginia Rules of Evidence. As to the balancing under Rule 403, the trial court enjoys broad discretion. The Rule 403 balancing test is essentially a matter of trial conduct, and the trial court's discretion will not be overturned absent a showing of clear abuse.” Syl. Pt. 10, State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (1994).

5. “In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984):(1) Counsel's performance was deficient under an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different.” Syl. Pt. 5, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995).

6. “In reviewing counsel's performance, courts must apply an objective standard and determine whether, in light of all the circumstances, the identified acts or omissions were outside the broad range of professionally competent assistance while at the same time refraining from engaging in hindsight or second-guessing of trial counsel's strategic decisions. Thus, a reviewing court asks whether a reasonable lawyer would have acted, under the circumstances, as defense counsel acted in the case at issue.” Syl. Pt. 6, State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (1995).

James M. Cagle, Esq., Charleston, WV, for Petitioner.

Patrick Morrisey, Attorney General, Scott E. Johnson, Esq., Senior Assistant Attorney General, Charleston, WV, for the Respondent.

PER CURIAM:

James R.L. Meadows, defendant below, appeals from the December 20, 2011, sentencing order of the Circuit Court of Monroe County. He challenges his conviction for one count of murder in the second degree, one count of death of a child by a guardian or custodian, and one count of child abuse resulting in injury. Meadows contends that the trial court committed error by (1) granting a change in venue without a showing of good cause; (2) allowing testimony by a State's witness concerning polygraph test results without ordering a mistrial or providing a curative instruction; (3) allowing the introduction of hearsay evidence in the form of the testimony of a child psychologist about play therapy without adequate foundation; (4) deeming evidence of a child psychologist regarding the character of the accused to be admissible; and (5) permitting the introduction of gruesome photographs. Meadows complains that he was deprived of the right to a fair trial not only on these grounds but also because he had ineffective assistance of counsel at trial. He seeks reversal of his conviction and remand for retrial.

After completing a careful and thorough study of the arguments of the parties as presented in the written briefs and at oral argument, we affirm.

I. Factual and Procedural Background

This case involves the death in November 2010 of a seventeen-month-old girl due to profound abuse. It is uncontested that the toddler, I.H.,¹ died as the result of repeated blows to her head and body on November 4, 2010. The issue at trial centered on whether Meadows or the victim's mother, Christen H., inflicted the injuries that caused the child's tragic death.

Meadows was living with the toddler's mother. Christen had purchased a trailer that she moved into with Meadows, her three-year-old son,² and the victim about a week before the beating occurred. On the day at issue, it appears that the brother ³ was not at the trailer but was staying with maternal grandparents.

Melissa Gill lived in a trailer across from Christen's trailer. Ms. Gill testified she went to Christen's the evening before the toddler was fatally injured in order to recharge her cell phone because the electricity in her trailer was out. The neighbor said that Christen, Meadows and the toddler were at the trailer when she dropped by on November 3, 2010, and the toddler quietly sat in her lap during most of the visit until Ms. Gill left around 10 or 10:30 p.m. She said that while holding the child she observed a few minor bruises on her forehead and lip.

The record reflects that Christen got up early on November 4, 2010, because she had a scheduled appointment at 8:00 a.m. with the county Department of Health and Human Resources (“DHHR”). She said she left around 7:00 a.m. to go to her mother's to bathe since she did not have running water in her trailer. According to Christen, she called her mother on her cell phone before leaving to tell her she would be arriving shortly. During the call Meadows was awake and sitting on the couch, and the toddler was sitting on the couch with her “sippy cup.” Christen's mother confirmed that this call had been made, adding that she heard the toddler talking and playing in the background of the conversation. Christen said that when she left the toddler with Meadows in the trailer that morning she gave her cell phone to Meadows “[j]ust in case anything would happen.”

From her mother's home, Christen took her son to the DHHR appointment. She said that she had been at DHHR approximately twenty minutes before she received the call from Meadows informing her that her daughter had been rushed to the hospital. Christen went to the hospital. She said that Meadows told her when he later arrived at the hospital that the child had fallen.

Ms. Gill testified she was awakened around 8:30 or 8:45 the morning of November 4, 2010, by Meadows who was carrying the victim in his arms. Ms. Gill observed that the toddler was “unconscious and not responsive” and her breathing was “raspy.” Finding that Meadows had not called anyone for assistance, she immediately placed a call to 911. Ms. Gill further related that she saw and heard Meadows using a cell phone to call his mother during this time.

According to one of the paramedics who arrived with the ambulance around 8:55 a.m., he found the toddler “totally unresponsive,” meaning there was “[n]o crying, no movement, no spontaneous response.... She was just totally limp.” He further noted “bruising patterns” on the child's body which ranged from “a very old bruise ... to very new bruises....” The paramedic said the basis for what he placed in his report as to the cause of the toddler's condition was the information Meadows gave him at the scene. He said Meadows told him that he had been in the back of the trailer when he heard a thud. When Meadows investigated the source of the noise, he discovered that the child had fallen onto the floor and was unresponsive.⁴

Ms. Gill followed the ambulance to the local hospital; Meadows remained at Christen's trailer. The toddler was in the emergency room of the local hospital for about three hours when the attending doctor concluded that her extensive injuries could not be managed at the facility. The toddler was transported by ambulance to the more specialized care and treatment available at a Charleston medical facility. During the transport, the child's condition became very unstable and remained that way for the duration of the trip despite paramedic intervention. The toddler died in Charleston on November 6, 2010.

Meadows was indicted on November 16, 2010, for one count of murder in the first degree, one count of a guardian or custodian causing the death of a child, and one count of child abuse resulting in bodily injury.⁵ Prior to trial, defense counsel filed motions to prevent any reference by the State of polygraph testing of Meadows, and for a change in venue; the State filed a notice of intent to introduce evidence pursuant to Rule 404(b) of the West Virginia Rules of Evidence(hereinafter “ Rule 404(b)”). The request regarding polygraph testing was granted, and the motion to change venue was initially denied. With regard to the denial, the trial court noted on the record that “if it becomes obvious we can't get a jury [in Summers County], typically what we do is have a jury over in Monroe County.” No objection was made to the venue ruling.

Immediately before trial began, defense counsel objected to the use or admission of any photographs by the State, particularly those depicting the child's injuries. The State argued that the photographs were not being used to inflame the jury but to show the condition of the child. The trial court found that the probative value of the depiction of the child's injuries outweighed the prejudicial effect under the circumstances and denied the motion.

A three day jury trial...