State of West Virginia v. Virgil Eugene Shrader

Summary

This document is a dissenting opinion in State of West Virginia v. Virgil Eugene Shrader concerning a plea agreement involving a nolo contendere plea to first-degree sexual abuse and deferred adjudication. The dissent criticizes the majority for enforcing what it characterizes as an unsound plea agreement and for ordering the defendant’s release and dismissal of the charges after finding that he satisfied the agreement’s conditions.

Questions Presented

1. Whether the court should enforce a plea agreement that lacked a procedural basis under West Virginia law.
2. Whether Shrader complied with the conditions of the plea agreement so as to warrant withdrawal of the plea, release from incarceration, and dismissal of the charges.

Disposition

other