State of West Virginia v. George J.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of George J.'s motion for judgment of acquittal and/or a new trial following convictions for sexual abuse by a parent, guardian, or custodian and incest. The court held that his confession was voluntary, that references to a polygraph examination did not require reversal, and that references to internet pornography were harmless and outside the scope of the specific motion in limine. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The circuit court properly denied the motion to suppress because the confession was voluntary and was not obtained through coercive threats or promises of leniency.
2. Admission of the recorded confession's vague reference to a polygraph examination did not require reversal because no test results were presented, the reference was limited, and the jury received a cautionary instruction.
3. The circuit court did not err in admitting the references to internet pornography because the motion in limine prohibited a child's testimony about the pornography, not all references to pornography in the recorded confession; in any event, the references were harmless given the substantial evidence of guilt.

Questions Presented

1. Whether the circuit court erred in denying suppression of George J.'s confession on the ground that it was obtained through threats and implied promises of leniency.
2. Whether admission of references to a polygraph examination in the recorded confession required reversal.
3. Whether admission of references to internet pornography violated the circuit court's motion in limine order and required a mistrial or new trial.

Disposition

affirmed