State v. Waldron

• Court: West Virginia Supreme Court
• Writing for the Court: Per Curiam
• Citation: State v. Waldron, 624 S.E.2d 887, 218 W.Va. 450 (W. Va. 2005)
• Decision Date: 16 December 2005
• Docket Number: No. 32693.,32693.
• Parties: STATE of West Virginia, Plaintiff Below, Appellee, v. James Blaine WALDRON, Defendant Below, Appellant.

624 S.E.2d 887

STATE of West Virginia, Plaintiff Below, Appellee, v. James Blaine WALDRON, Defendant Below, Appellant.

No. 32693.

Supreme Court of Appeals of West Virginia.

Submitted November 15, 2005.

Decided November 30, 2005.

Dissenting Opinion of Chief Justice Starcher December 16, 2005.

COPYRIGHT MATERIAL OMITTED

Syllabus by the Court

1. "`A reviewing court should not reverse a criminal case on the facts which have been passed upon by the jury, unless the court can say that there is reasonable doubt of guilt and that the verdict must have been the result of misapprehension, or passion and prejudice.' Syllabus point 3, State v. Sprigg, 103 W.Va. 404, 137 S.E. 746 (1927)." Syllabus point 1, State v. Easton, 203 W.Va. 631, 510 S.E.2d 465 (1998).

2. "There is no absolute right under either the West Virginia or the United States Constitutions to plea bargain. Therefore, a circuit court does not have to accept every constitutionally valid guilty plea merely because a defendant wishes so to plead." Syllabus point 2, State ex rel. Brewer v. Starcher, 195 W.Va. 185, 465 S.E.2d 185 (1995).

3. "`West Virginia Rules of Criminal Procedure, Rule 11, gives a trial court discretion to refuse a plea bargain.' Syllabus Point 5, State v. Guthrie, 173 W.Va. 290, 315 S.E.2d 397 (1984)." Syllabus point 2, Myers v. Frazier, 173 W.Va. 658, 319 S.E.2d 782 (1984).

4. "A primary test to determine whether a plea bargain should be accepted or rejected is in light of the entire criminal event and given the defendant's prior criminal record whether the plea bargain enables the court to dispose of the case in a manner commensurate with the seriousness of the criminal charges and the character and background of the defendant." Syllabus point 6, Myers v. Frazier, 173 W.Va. 658, 319 S.E.2d 782 (1984).

5. "The admissibility of photographs over a gruesome objection must be determined on a case-by-case basis pursuant to Rules 401 through 403 of the West Virginia Rules of Evidence." Syllabus point 8, State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (1994).

6. "Although Rules 401 and 402 of the West Virginia Rules of Evidence strongly encourage the admission of as much evidence as possible, Rule 403 of the West Virginia Rules of Evidence restricts this liberal policy by requiring a balancing of interests to determine whether logically relevant is legally relevant evidence. Specifically, Rule 403 provides that although relevant, evidence may nevertheless be excluded when the danger of unfair prejudice, confusion, or undue delay is disproportionate to the value of the evidence." Syllabus point 9, State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (1994).

7. "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." Syllabus point 10, State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (1994).

Charles B. Mullins, II, Mullins and Morgan, P.L.L.C., Pineville, for the Appellant, James Blaine Waldron.

Darrell V. McGraw, Jr., Attorney General, Dawn E. Warfield, Deputy Attorney General, for the Appellee, State of West Virginia.

PER CURIAM:

James Blaine Waldron (hereinafter "Mr. Waldron") appeals from a July 23, 2004, sentencing order entered by the Circuit Court of McDowell County. In that order, the circuit court sentenced Mr. Waldron to seven years confinement in the penitentiary based on his conviction for voluntary manslaughter. On appeal, Mr. Waldron asserts four assignments of error, arguing that the circuit court: (1) abused its discretion when it refused to accept a plea agreement, (2) improperly allowed the introduction into evidence of gruesome photographs, (3) failed to preserve an observer's notes, and (4) improperly instructed the jury. Based upon the parties' arguments, the record designated for our consideration, and the pertinent authorities, we affirm the decisions of the circuit court.

I. FACTUAL AND PROCEDURAL HISTORY

The facts of this case center around the criminal actions of Mr. Waldron and a co-defendant, Mose Douglas Mullins, Jr. (hereinafter "Mr. Mullins"). Mr. Mullins' criminal actions are not an issue before us; however, to understand the factual backdrop of this case, it is necessary to discuss Mr. Mullins and his actions in connection with Mr. Waldron. Mr. Waldron was indicted on one count of murder, and Mr. Mullins was indicted on one count of murder and two counts of malicious assault. The record reveals that Mr. Mullins was illegally selling the prescription drug, OxyContin, on behalf of a third party. Mr. Mullins testified that he was a drug addict and used more of the drugs than he sold. He became indebted to the third party for the remainder of the money due for the OxyContin pills. The third party worked out a deal with Mr. Mullins whereby Mr. Mullins would kill four people who had allegedly broken into the third party's home. The third party offered to waive Mr. Mullins' debt, and would also give him five thousand dollars for each murder, for a total of twenty thousand dollars. Thereafter, on May 13, 2001, Mr. Mullins was out of pills. He discovered that he did not have the money to purchase new pills or to pay the third party for the pills that he had used for his personal addiction. Mr. Mullins testified that he determined that he had to go through with the four killings.

Later that same day, Mr. Mullins invited Mr. Waldron to ride around with him. Mr. Mullins testified that he planned on killing the four targets if he happened to run into them. Further, Mr. Mullins testified that Mr. Waldron, at this time, had no idea of the murder plan. While driving around, the two ran into Jeffrey Mullins, Don Ball, and Chantel Webb. Jeffrey Mullins and Chantel Webb were two of the people whom Mr. Mullins was supposed to kill.¹

Mr. Mullins offered Oxycontin pills to the others, and plans were made to meet at a secluded location. The two groups drove in separate cars and met at the chosen location. Mr. Mullins claims that it was during this drive that he told Mr. Waldron of his plan, and further, that Mr. Waldron agreed to be a look-out for the sum of one thousand dollars. Mr. Waldron avers that he at no time had any idea about Mr. Mullins' plan to kill anyone.

After arriving at the specified location, Mr. Mullins retrieved a gun that had been provided by the third party. He shot Chantel Webb, Don Ball, and Jeffrey Mullins. Don Ball fled the scene with five gunshot wounds, and Jeffrey Mullins was shot and left for dead. Chantel Webb was killed at the scene. Jeffrey Mullins survived, but was paralyzed as a result of his injuries. Don Ball eventually recovered. Mr. Waldron testified that he remained in the car the entire time, and that he didn't pay attention to the gunshots being fired because he was breaking up marijuana to roll a joint. However, Don Ball testified that he remembers seeing Mr. Waldron out of the car at the crime scene during the shootings. Further, Jeffrey Mullins testified that prior to being shot, he heard Mr. Mullins ask Mr. Waldron if everything was okay, and Mr. Waldron responded in the affirmative.

Following the shootings, Mr. Mullins threw the bodies of Chantel Webb and Jeffrey Mullins over an embankment. He and Mr. Waldron rode to a carwash where Mr. Mullins washed the blood stains from the car. They then disposed of the murder weapon and Mr. Mullins' blood-stained clothing. After a stop at a relative's house and a convenience store, Mr. Mullins then drove them to their homes, which were located beside of each other. The police were waiting for them when they arrived, and both were arrested.

Mr. Waldron was incarcerated from the time of his arrest until approximately three months later when he agreed to assist law enforcement officers in their investigation in exchange for leniency. Mr. Waldron submitted to a blood test, gave a voluntary statement, and directed police to the location of evidence such as the murder weapon and Mr. Mullins' bloody clothing. Thereafter, Mr. Mullins entered a guilty plea to second degree murder and two counts of malicious assault. Mr. Mullins was sentenced to forty years for the murder, and two to ten years for each count of the malicious assaults, to run consecutively. For Mr. Waldron's assistance in recovering evidence, the State of West Virginia entered into a plea agreement. The agreement called for the state to dismiss the felony indictment against Mr. Waldron, Mr. Waldron agreed to enter a voluntary plea of guilty to the misdemeanor charge of accessory after-the-fact, and the state agreed to recommend a period of one year confinement in the regional jail, a fine of two hundred fifty dollars, and all court costs.

On February 6, 2003, the plea agreement was presented to the circuit court, and it was refused. During the same hearing, the circuit judge disclosed his close personal relationship with one of the victim's family. The presiding circuit judge transferred the case to another circuit judge.² On March 3, 2003, the plea agreement was presented to the second circuit judge, who also refused to accept it. The court stated that the only plea it would entertain would be a felony plea.³ The case was scheduled for trial, which resulted in a verdict of guilty of voluntary manslaughter. On July 14, 2004, the circuit court sentenced Mr. Waldron to seven years in the penitentiary. On September 30, 2004, upon a finding that Mr. Waldron was a recidivist based on his prior felony conviction, the circuit...