State of West Virginia v. Jamie Ray Criser

Summary

The West Virginia Supreme Court of Appeals affirmed Jamie Ray Criser’s convictions for kidnapping and second-degree sexual assault and his consecutive sentences. The court held that challenges to evidence of prior domestic abuse and flight from police were either waived by inadequate objections or did not constitute reversible error. The court issued the opinion as a memorandum decision under Rule 21.

Holdings

1. A Rule 404(b) evidentiary claim is not available on appellate review when the defendant failed to make a timely, specific objection identifying Rule 404(b) as the ground for exclusion and failed to request the required McGinnis in-camera hearing.
2. Evidence of a defendant's flight may be admitted when, under the circumstances, it is relevant to consciousness of guilt or knowledge, provided the defendant requests an in-camera hearing and the court determines that the evidence's probative value outweighs its prejudicial effect.
3. Claims concerning the absence of a cautionary jury instruction and improper prosecutorial comments are waived when the defendant neither requested the instruction nor timely objected to the comments.

Questions Presented

1. Whether the circuit court erred by admitting evidence of Criser's prior physical abuse of the victim and prior guilty plea to domestic battery without a proper Rule 404(b) objection and McGinnis in-camera hearing.
2. Whether the circuit court erred by admitting evidence that Criser fled from police without conducting the in-camera hearing required by State v. Payne.
3. Whether the circuit court erred by failing to give a jury instruction concerning the use of the prior-act evidence.
4. Whether the State's closing remarks referring to Criser as a user and abuser constituted reversible error.

Disposition

affirmed