State of West Virginia v. Anthony Raddish

Summary

The Supreme Court of Appeals of West Virginia affirmed Anthony Raddish’s convictions and thirty-six-year sentence for drug-delivery and conspiracy offenses. The court declined to consider three unpreserved assignments of error, upheld the refusal to give a missing-witness instruction, and found sufficient evidence to support the conspiracy conviction.

Holdings

1. The Court declined to address Raddish's claims concerning the lead investigator's presence, juror comments during voir dire, and the proof concerning the number of pills because he failed to raise those issues in the circuit court.
2. The trial court did not err in refusing to give Raddish's requested missing-witness instruction.
3. The evidence was sufficient to support Raddish's conspiracy conviction.

Questions Presented

1. Whether the Court should review claims concerning the lead investigator's presence during trial, juror comments during voir dire, and the proof concerning the number of pills when those issues were not raised below.
2. Whether the trial court abused its discretion by refusing to give a missing-witness jury instruction concerning a confidential informant.
3. Whether sufficient evidence supported Raddish's conviction for conspiracy to commit a felony.

Disposition

affirmed