State of West Virginia v. Paul C.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Preston County Circuit Court’s denial of Paul C.’s motion to dismiss an indictment alleging felony sexual offenses involving two minors. The court held that the three-term rule under West Virginia Code § 62-3-21 was not violated because at least one of the relevant terms was excused by delays attributable to the defendant and proceedings necessitated by pretrial motions and continuances.

Holdings

1. The March 2018 term was an excused term because the defendant's anticipated motions and related proceedings prevented the scheduled trial from proceeding, and the defendant agreed to a continuance.
2. The three-term rule was not violated because three unexcused regular terms did not pass without a trial.
3. The denial of a motion to dismiss an indictment is reviewed de novo, with clear-error review applying to factual findings made after an evidentiary hearing.

Questions Presented

1. Whether three unexcused regular terms of the circuit court passed without trial in violation of West Virginia Code section 62-3-21 and the speedy-trial guarantee of Article III, section 14 of the West Virginia Constitution.
2. Whether the March 2018 term was excluded from the three-term calculation because the defendant's motions and related proceedings prevented the case from proceeding to trial.
3. What standard of review applies to the denial of a motion to dismiss an indictment.

Disposition

affirmed