State of West Virginia v. Christopher L. Palmer

Summary

The Supreme Court of Appeals of West Virginia affirmed Christopher L. Palmer’s convictions and sentences for conspiracy to commit a felony and burglary. The court rejected challenges to the sufficiency of the evidence, admission of a photographic lineup, and the jury instructions. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The evidence was sufficient for a rational jury to find Palmer guilty of conspiracy to commit a felony and burglary beyond a reasonable doubt; therefore, the circuit court properly denied the Rule 29 motion for acquittal.
2. The circuit court did not err in admitting the photographic lineup because the procedure was not unduly suggestive and the statutory recording requirements did not require exclusion under the circumstances presented.
3. The circuit court did not commit reversible or plain error in giving the burglary instruction without the term 'feloniously' because Palmer knowingly and intelligently waived the proposed objection after reviewing the statutory language, and no objection was made to the charge.

Questions Presented

1. Whether the evidence was sufficient to support Palmer's convictions for conspiracy to commit a felony and burglary, such that the circuit court properly denied his Rule 29 motion for acquittal.
2. Whether the circuit court erred by admitting the photographic lineup despite alleged noncompliance with West Virginia Code § 62-1E-2(a) and § 62-1E-2(k)(2).
3. Whether the circuit court plainly erred by giving a burglary instruction that did not use the term 'feloniously' and by failing to include attempted burglary in the jury instructions.

Disposition

affirmed