The West Virginia Supreme Court of Appeals recently ruled that Buffey’s constitutional rights were violated by the State’s failure to turn over favorable DNA evidence, and has allowed him to withdraw his guilty plea.
Further proceedings, if any, will take place after the 30-day period for the State to seek reconsideration of the Supreme Court’s decision.
DNA testing conducted in May 2011 excluded Buffey, and after months of resistance from the prosecution, the profile was finally run through the federal DNA database to see if it matched a convicted offender.
It identified another man with multiple felony criminal convictions, including breaking into a residence and robbing and assaulting a woman.
It has been rightfully observed that “this area of practice is a melting pot of presumptions, exceptions, threshold hurdles, capacity qualms, evidentiary issues, strategic clauses, and countless other headache-inducing legal issues—yet attorneys must diligently juggle all of them while also maintaining their clients’ confidence and trust.” in 1993, several noteworthy statutory enactments and judicial decisions have occurred which affect this important area of law.
In this article, the authors wish to supplement and update their original article in order to advise practitioners of developments in the probate arena and to make academic commentary on them.
Joseph Buffey pleaded guilty to the 2001 rape and robbery of an 83-year-old woman based on the advice of his lawyer who told him he risked a sentence of 200 to 300 years in prison if he went to trial and was convicted.
Congress shall have power to enforce this article by appropriate legislation.WEST VIRGINIA (WOWK) - A man was killed after a wheel from a utility trailer struck him while he repaired his vehicle on an interstate.On Thursday at around p.m., West Virginia State Police responded to a traffic incident on Interstate 79, near the 133 mile marker, northbound.The Nineteenth Amendment was originally introduced in Congress in 1878 by Senator Aaron A. Forty-one years later, in 1919, Congress submitted it to the states for ratification.It was ratified by three-fourths of the states a year later, with Tennessee's ratification being the last needed to add the amendment to the Constitution. Garnett (1922), the Supreme Court rejected claims that the amendment was unconstitutionally adopted.