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State v. Dellinger (W.Va. Sup. Ct. App.) (June 3, 2010)

State v. Dellinger (W.Va. Sup. Ct. App.) (June 3, 2010)

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West Virginia Court of Appeals reverses defendant's conviction despite "benign" MySpace contacts by juror.
West Virginia Court of Appeals reverses defendant's conviction despite "benign" MySpace contacts by juror.

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Published by: Venkat Balasubramani on Jun 12, 2010
Copyright:Attribution Non-commercial


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__________________________________________________________________________________________________________IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIAJanuary 2010 Term
June 3, 2010
No. 35273
released at 3:00 p.m.
STATE OF WEST VIRGINIA,Plaintiff Below, Appelleev.CHRISTOPHER SHANE DELLINGER,Defendant Below, AppellantAppeal from the Circuit Court of Braxton CountyHonorable Richard A. Facemire, JudgeCivil Action No. 07-F-61Reversed and RemandedSubmitted: April 14, 2010Filed: June 3, 2010Barbara A. Harmon-Schamberger Robert D. GoldbergSchamberger Legal Services Attorney General’s OfficeClay, West Virginia Charleston, West VirginiaCounsel for the Appellant Counsel for the AppelleeThe Opinion of the Court was delivered PER CURIAM.
SYLLABUS BY THE COURT1. “‘In reviewing challenges to findings and rulings made by a circuitcourt, we apply a two-pronged deferential standard of review. We review the rulings of thecircuit court concerning a new trial and its conclusion as to the existence of reversible errorunder an abuse of discretion standard, and we review the circuit court's underlying factualfindings under a clearly erroneous standard. Questions of law are subject to a
de novo
review.’ Syllabus Point 3,
State v. Vance
, 207 W.Va. 640, 535 S.E.2d 484 (2000).” Syl.Pt. 1,
Phares v. Brooks
, 214 W.Va. 442, 590 S.E.2d 370 (2003).2. “The right to a trial by an impartial, objective jury in a criminal caseis a fundamental right guaranteed by the Sixth and Fourteenth Amendments of the UnitedStates Constitution and Article III, Section 14, of the West Virginia Constitution. Ameaningful and effective
voir dire
of the jury panel is necessary to effectuate thatfundamental right.” Syl. Pt. 4,
State v. Peacher 
, 167 W.Va. 540, 280 S.E.2d 559 (1981).3. “The official purpose[] of 
voir dire
is to elicit information whichwill establish a basis for challenges for cause and to acquire information that will afford theparties an intelligent exercise of peremptory challenges.’ Syl. Pt. 2, in part,
192 W.Va. 585, 453 S.E.2d 419 (1994).” Syl. Pt. 3,
State ex rel. Nationwide Mut. Ins. Co. v. Karl
, 222 W.Va. 326, 664 S.E.2d 667 (2008).i
4. “‘Actual bias can be shown either by a juror’s own admission of bias or by proof of specific facts which show the juror has such prejudice or connectionwith the parties at trial that bias is presumed.’ Syllabus Point 5,
State v. Miller 
, 197 W.Va.588, 476 S.E.2d 535 (1996).” Syl. Pt. 1,
O’Dell v. Miller 
, 211 W.Va. 285, 565 S.E.2d 407(2002).ii

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