State of West Virginia v. Blane Wolford

Summary

The Supreme Court of Appeals of West Virginia affirmed Blane Wolford’s conviction and sentence for unlawful assault. The court rejected challenges concerning the exclusion of prior harassment evidence, denial of a new trial, failure to provide the jury with written instructions, and admission of a 911 call. The decision was issued as a per curiam memorandum decision, with one justice dissenting.

Holdings

1. The circuit court did not abuse its discretion by excluding the victim's alleged harassment from 1995 to 2007 because the evidence was too remote and prejudicial to establish the victim's relevant state of mind at the time of the incident.
2. The circuit court correctly denied Wolford's motion for a new trial because the evidence was sufficient to convince a reasonable person of his guilt beyond a reasonable doubt.
3. The circuit court's failure to provide the jury with a written copy of the instructions did not warrant reversal because Wolford did not establish that the court promised to provide a copy or that counsel specifically requested one.
4. Wolford was not entitled to relief on his challenge to the 911 call because the trial transcript did not indicate that the State actually played the call for the jury, and his argument was therefore unsupported by the record.

Questions Presented

1. Whether the circuit court abused its discretion by excluding prior acts of harassment by the victim as too remote and prejudicial to support Wolford's claim of self-defense.
2. Whether the circuit court erred in denying Wolford's motion for a new trial on the ground that the verdict was contrary to the weight or sufficiency of the evidence.
3. Whether the circuit court committed reversible error by failing to provide the jury with a written copy of the jury instructions.
4. Whether the circuit court erred in admitting a 911 call when the record did not show that the call was actually played for the jury.

Disposition

affirmed