State v. Hatcher

Summary

The Supreme Court of Appeals of West Virginia reversed Bethel Hatcher’s first-degree murder conviction and remanded for a new trial. The court held that a juror’s failure to disclose that the juror’s mother had been murdered and that a prosecution witness had investigated the murder denied Hatcher a fair trial. The court also held that the prosecutor’s repeated misstatement that premeditation could be formed instantaneously was not adequately cured by the trial court’s response.

Holdings

1. A juror's failure to disclose highly important and potentially disqualifying information in response to direct voir dire inquiries denied the defendant a fair trial when the defendant was diligent in discovering the information and prejudice or injustice resulted from the juror's participation.
2. A trial court must provide a proper corrective instruction when a prosecutor repeatedly and materially misstates the law of premeditation during closing argument; merely telling the jury that it must follow the court's written instructions, without stating the correct law, does not cure the error.
3. The defendant's assignment of error concerning pre-indictment delay was without merit.

Questions Presented

1. Whether the defendant was denied a fair trial when a juror failed to disclose, in response to direct voir dire questions, material information concerning a family member's murder and the juror's connection to a prosecution witness who investigated that murder.
2. Whether the defendant was prejudiced by the prosecutor's repeated misstatement that premeditation for first-degree murder could be formed in an instant, when the trial court failed to give a proper corrective instruction.
3. Whether the defendant's pre-indictment-delay claim warranted relief.

Disposition

reversed_and_remanded