State of West Virginia v. Davis Wolverton and Kathryn Wolverton

Summary

The Supreme Court of Appeals of West Virginia affirmed the convictions and sentences of Davis Wolverton and Kathryn Wolverton for delivery of a Schedule II controlled substance, conspiracy, and gross child neglect creating a risk of serious bodily injury or death. The court rejected claims concerning allegedly false testimony, failure to direct a verdict, and the seating of a husband and wife on the jury, finding no abuse of discretion or prejudicial error.

Holdings

1. The defendants were not entitled to a new trial because they failed to establish that the prosecutor presented false testimony, knew or should have known the testimony was false, and that the testimony materially affected the verdict.
2. The circuit court did not abuse its discretion by refusing to strike Payne's testimony, and because the testimony was properly left for the jury to assess, the court did not err in refusing to direct a verdict of acquittal.
3. The circuit court did not abuse its discretion by allowing a husband and wife to serve together on the jury where the defendants made no showing of prejudice.

Questions Presented

1. Whether the circuit court erred by refusing to strike Payne's testimony because of inconsistencies between his trial testimony and prior sworn testimony.
2. Whether the defendants were entitled to a new trial because the prosecutor allegedly presented false testimony.
3. Whether the circuit court erred by refusing to direct a verdict of acquittal at the close of the State's case.
4. Whether the circuit court erred by allowing a husband and wife to serve together on the jury without a showing of prejudice.

Disposition

affirmed