Issue #80 of the West Virginia Supreme Court Opinion Summaries was posted today, covering twenty-eight opinions issued in the January 2005 term of court.

STATE EX REL. SEXTON v. VICKERS, No. 32649 (Per Curiam)(June 30, 2005). Denying a writ of prohibition sought to prohibit retrial on all offenses, where misdemeanors had previously been improperly treated as felony offenses. Holding that where the conviction and sentence are set aside and held to be void upon the motion of the defendant, double jeopardy objections are waived.

STATE v. DENVER YOUNGBLOOD, JR., No. 31765 (Per Curiam)(Davis, J., dissenting)(Starcher, J., dissenting)(Maynard, J., concurring)(June 24, 2005). Affirming jury convictions obtained in the Circuit Court of Morgan County for two counts of sexual assault, two counts of brandishing a firearm, one count of wanton endangerment involving a firearm and one count of indecent exposure. The convictions arose from allegations that the defendant abducted three young women and twice sexually assaulted one of them. Rejecting the defendant's argument that an uncharged collateral act was improperly introduced, in light of the fact that the incident was part of the fabric of the underlying charges, and therefore outside the customary Rule 404(b) analysis. Holding that the use of a stun belt under the defendants clothing during voir dire, without the prior knowledge of the court or either counsel, was not prejudicial error. Finally holding that the circuit court properly denied a motion for new trial, in light of the fact that certain evidence the defendant argued to be exculpatory was in effect impeachment evidence that did not justify granting a new trial.

STATE v. HARRY DAVID LEONARD, No. 31857 (Per Curiam)(Albright, C.J., dissenting)(Starcher, J., concurring in part and dissenting in part)(Maynard, J., concurring)(June 21, 2005). Affirming a jury conviction for first degree murder, with no recommendation of mercy, obtained in the Circuit Court of Jackson County. Holding that the circuit court correctly declined to instruct the jury on voluntary manslaughter, as the evidence did not support it, and further in light of the fact that the appellant declined the instruction and presented a defense that someone else strangled his 78 year-old mother.

STATE v. JAMES AARON COOPER, II, No. 31766 (Per Curiam)(June 17, 2005). Affirming conviction following a jury trial in the Circuit Court of Cabell County for two counts of aiding and abetting a robbery, and further affirming the trial court's denial of a motion for new trial. Rejecting, inter alia, allegations that the prosecution withheld exculpatory evidence. Rejecting a post-trial challenge to bond revocation as untimely.