Summary
The West Virginia Supreme Court of Appeals reviewed Timothy Shafer’s challenge to a sentence of life imprisonment without mercy for felony murder. The court held that the sentence was within statutory limits, did not violate the proportionality requirement of the West Virginia Constitution, and was not an abuse of discretion.
Holdings
- The sentence did not violate Article III, § 5 of the West Virginia Constitution because it neither shocked the conscience nor was objectively disproportionate to the crime.
- The circuit court did not abuse its discretion by rejecting the State's recommendation of mercy and sentencing Shafer to life without mercy.
Questions Presented
- Whether Shafer's sentence of life imprisonment without mercy for felony murder violated the proportionality and cruel-and-unusual-punishment protections of Article III, § 5 of the West Virginia Constitution.
- Whether the circuit court abused its discretion by rejecting the State's recommendation of mercy and imposing life without mercy.
Disposition
affirmed
Cases Cited (24)
- State v. Lucas, 201 W. Va. 271, 496 S.E.2d 221 (1997)(followed)
- State v. James, 227 W. Va. 407, 710 S.E.2d 98 (2011)(followed)
- State v. Allen, 208 W. Va. 144, 539 S.E.2d 87 (2001)(followed)
- Jordache Enters., Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 204 W. Va. 465, 513 S.E.2d 692 (1998)(followed)
- State v. Goodnight, 169 W. Va. 366, 287 S.E.2d 504 (1982)(followed)
- State v. Slater, 222 W. Va. 499, 665 S.E.2d 674 (2008)(followed)
- State v. Vance, 164 W. Va. 216, 262 S.E.2d 423 (1980)(followed)
- Wanstreet v. Bordenkircher, 166 W. Va. 523, 276 S.E.2d 206 (1981)(followed)
- State v. Mann, 205 W. Va. 303, 518 S.E.2d 60 (1999)(followed)
- State v. Cooper, 172 W. Va. 266, 304 S.E.2d 851 (1983)(followed)
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