State v. Johnson, 210 W. Va. 404

Summary

The Supreme Court of Appeals of West Virginia affirmed William Johnson's convictions for five counts of incest and five counts of second-degree sexual assault. The court addressed the admission of the victim's written statement under residual hearsay exceptions, prior-bad-acts evidence under Rule 404(b) and McGinnis, sufficiency of the evidence, and cumulative error, finding no reversible error.

Holdings

1. The court did not need to decide whether admitting W.B.'s written statement was erroneous because Johnson suffered no prejudice: W.B. became available and testified in person the following day, leaving him unrestricted in cross-examining her.
2. Although the trial court failed to conduct the in camera hearing required for Rule 404(b) evidence, the failure did not warrant reversal because defense counsel did not object to the evidence or request the hearing, and the record did not establish plain error.
3. The evidence was sufficient to support all five convictions because, viewed in the light most favorable to the prosecution, a rational juror could find beyond a reasonable doubt that the sexual intercourse resulted from forcible compulsion.
4. The record did not demonstrate cumulative error requiring reversal because the cumulative effect of the alleged errors did not deprive Johnson of a fair trial.

Questions Presented

1. Whether the trial court committed reversible error by admitting W.B.'s written statement under the residual hearsay exceptions when she was initially unavailable.
2. Whether the trial court committed reversible error by admitting prior-bad-act evidence without conducting the in camera hearing required by State v. McGinnis.
3. Whether the evidence was sufficient to support five convictions for second-degree sexual assault, including the forcible-compulsion element.
4. Whether cumulative trial errors deprived Johnson of a fair trial.

Disposition

affirmed