State of West Virginia v. Steven Michael Williams

Summary

The Supreme Court of Appeals of West Virginia affirmed Steven Michael Williams's conviction for being a felon in possession of a firearm. The court held that the circuit court did not abuse its discretion by preventing cross-examination of a prosecution witness about a completed pretrial diversion agreement because the witness had not been convicted, the agreement was unrelated to the charged offense, and there was no factual basis showing bias or inducement. The court distinguished Davis v. Alaska and relied on West Virginia Rule of Evidence 609 and State v. Lori F.

Holdings

1. Rule 609(a)(2) permits impeachment based on a witness's criminal conviction, and because Combs completed pretrial diversion and the charge was dismissed without a conviction, the circuit court properly excluded questioning about the diversion agreement under Rule 609.
2. The restriction did not violate Williams's confrontation right because he offered no factual basis showing that Combs's unrelated, completed pretrial diversion agreement created bias or affected the statement she gave shortly after the shooting, and the circuit court permitted an in camera inquiry into whether she had been pressured or induced.
3. The circuit court did not abuse its discretion in granting the State's motion in limine and limiting cross-examination concerning Combs's pretrial diversion agreement.

Questions Presented

1. Whether the circuit court abused its discretion by prohibiting Williams from cross-examining prosecution witness Victoria Combs about the terms of her completed pretrial diversion agreement and probation.
2. Whether the restriction on cross-examination violated Williams's Sixth Amendment right of confrontation.
3. Whether West Virginia Rule of Evidence 609(a)(2) permitted impeachment of Combs with the underlying criminal charge despite the absence of a conviction.

Disposition

affirmed