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Issue #78 posted

Issue #78 of the Opinion Summaries has been posted, covering the nine opinions filed on May 11, 2005.

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CRIMINAL :: Remoteness of 404(b) material

STATE v. DEWEY DAMIAL WINEBARGER, No. 31696 (Per Curiam)(May 11, 2005). Affirming a jury conviction obtained in the Circuit Court of McDowell County for the offense of voluntary manslaughter. Rejecting an argument that the circuit court improperly admitted evidence relating to the defendant's prior use of weapons, some of which occurred fifteen years prior to the offense. Holding that the circumstances of the case are such that admission was warranted, in light of the substantial similarity in conduct, the similarity of circumstances, and similarity in provocation to the offense charged. Further rejecting error in admitting questionable witness testimony, after concluding that the testimony was invited by defense counsel, and any error was harmless in light of the voluminous evidence against the appellant.

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2005 | Supreme Court of Appeals of West Virginia | Rory Perry.
Last update: 11/10/05; 2:35:58 PM.