State v. Whittaker
Citation | 650 S.E.2d 216 |
Decision Date | 05 April 2007 |
Docket Number | No. 33037.,33037. |
Court | Supreme Court of West Virginia |
Parties | STATE of West Virginia, Plaintiff Below, Appellee, v. Valerie WHITTAKER, Defendant Below, Appellant. |
Syllabus by the Court
1. "A jury verdict should be set aside only when the record contains no evidence regardless of how it is weighed, from which the jury could find guilt beyond a reasonable doubt." Syllabus point 3, in part, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).
2. "It is peculiarly within the province of the jury to weigh the evidence upon the question of self-defense, and the verdict of a jury adverse to that defense will not be set aside unless it is manifestly against the weight of the evidence." Syllabus point 5, State v. McMillion, 104 W.Va. 1, 138 S.E. 732 (1927).
3. "`" ." Syllabus point 1, State v. Rogers, 209 W.Va. 348, 547 S.E.2d 910 (2001).
4. Syllabus point 1, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).
5. Syllabus point 3, in part, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).
6. Syllabus point 7, State v. Cain, 20 W.Va. 679 (1882).
7. Syllabus point 6, State v. McMillion, 104 W.Va. 1, 138 S.E. 732 (1927).
8. "Once there is sufficient evidence to create a reasonable doubt that the killing resulted from the defendant acting in self-defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense." Syllabus point 4 State v. Kirtley, 162 W.Va. 249, 252 S.E.2d 374 (1978).
9. Syllabus point 2, State v. Doonan, 220 W.Va. 8, 640 S.E.2d 71 (2006).
10. "Generally, out-of-court statements made by someone other than the declarant while testifying are not admissible unless: 1) the statement is not being offered for the truth of the matter asserted, but for some other purpose such as motive, intent, state-of-mind, identification or reasonableness of the party's action; 2) the statement is not hearsay under the rules; or 3) the statement is hearsay but falls within an exception provided for in the rules." Syllabus point 1, State v. Maynard, 183 W.Va. 1, 393 S.E.2d 221 (1990).
11. Syllabus point 2, in part, Harshbarger v. Gainer, 184 W.Va. 656, 403 S.E.2d 399 (1991).
David C. Smith, Smith & Scantlebury, L.C., Ward Morgan, Bluefield, for the Appellant.
Darrell V. McGraw, Jr., Attorney General, Colleen A. Ford, Assistant Attorney General, Dawn E. Warfield, Deputy Attorney General, Charleston, for the Appellee.
The appellant herein and defendant below, Valerie Whittaker [hereinafter "Ms. Whittaker"], appeals from the January 14, 2005, order of the Circuit Court of Mercer County rendered after a jury adjudged Ms. Whittaker guilty of voluntary manslaughter in the death of her longtime boyfriend. In its order, the court adopted the jury's determination of guilt and sentenced Ms. Whittaker to a determinate term of ten years imprisonment. On appeal to this Court, Ms. Whittaker contends that the trial court erred by (1) not entering a judgment of acquittal1 based upon her claim of self-defense; (2) limiting the testimony of various defense witnesses; (3) refusing to admit certain evidence proffered by Ms. Whittaker; and (4) admitting statements made by Ms. Whittaker. Upon a review of the parties' arguments, the record presented for our consideration, and the pertinent authorities, we affirm Ms. Whittaker's conviction.
At the time of the events relevant to this appeal, Valerie Whittaker and Jerry Calvin Mills, Jr. [hereinafter "Mr. Mills"], had been dating for approximately ten years and had one child together, J.W.2 Throughout the parties' relationship, Ms. Whittaker frequently sought shelter for herself and her daughter at a local battered women's shelter, her pastor's home, and her aunt's house in order to escape from Mr. Mills' physical and emotional abuse.3 During this time, Ms. Whittaker obtained four separate domestic violence petitions against Mr. Mills in an effort to protect her daughter and herself; three of these protective orders were never served on Mr. Mills, including the one pending at the time of his death.4
The events leading up to the death of Mr. Mills began in the spring of 2003. In an effort to terminate their relationship, Ms. Whittaker purchased a mobile home and moved it to property adjoining the residence of her parents. Nevertheless, Mr. Mills left his home in Princeton and moved into Ms. Whittaker's home with her and their daughter. Ultimately, Ms. Whittaker and J.W., apparently fearing Mr. Mills, left this residence and temporarily resided at Princeton Community Hospital where security guards could protect them twenty-four hours a day. Upon learning of their continued presence, hospital personnel directed Ms. Whittaker and J.W. to a local women's shelter, where they stayed for approximately five days.5 During this time, the Mercer County Sheriff's Department unsuccessfully attempted to serve Mr. Mills with Ms. Whittaker's latest domestic violence petition. Nevertheless, Mr. Mills was made aware of the petition's existence when Ms. Whittaker called Mr. Mills' friend, James Duncan [hereinafter "Mr. Duncan"], and asked his wife, Carolyn, to inform Mr. Mills of the petition.6
Thereafter, Ms. Whittaker and J.W. left the shelter and went to Ms. Whittaker's aunt's home, where they stayed for a few days. On June 25, 2003, Ms. Whittaker, with J.W., traveled to Princeton to keep a scheduled doctor's appointment. Upon leaving the doctor's office building, they encountered Mr. Mills in the parking lot, where he was waiting for them and allegedly threatened them. Driving in two separate vehicles, Ms. Whittaker, with J.W., and Mr. Mills then drove to a nearby pharmacy to have prescriptions filled, to a gas station, and back to Ms. Whittaker's mobile home. From there, they left in one vehicle to go to Mr. Duncan's house to retrieve an item, where they stayed and visited for some time. Afterwards, Mr. Mills, Ms. Whittaker, and J.W. traveled to a convenience store...
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