State of West Virginia v. James Thomas M.

Summary

The Supreme Court of Appeals of West Virginia affirmed James Thomas M.'s convictions for two counts of first-degree sexual abuse and one count of sexual abuse by a parent. The court rejected challenges to the sufficiency of the evidence, admission of his recorded confession, and denial of his motion to dismiss under West Virginia's three-term rule. The court issued the decision as a per curiam memorandum decision.

Holdings

1. The evidence, viewed in the light most favorable to the prosecution, was sufficient for a rational trier of fact to find petitioner guilty beyond a reasonable doubt; the convictions therefore were not disturbed.
2. The circuit court did not abuse its discretion in admitting petitioner's recorded statement because, under the totality of the circumstances, law enforcement did not overbear his will and the statement was voluntary.
3. Petitioner's motion to dismiss was properly denied because the delay during the 2019 terms resulted from petitioner's own actions and therefore did not count against the State under the three-term rule; pandemic-emergency terms also were not regular terms for purposes of the rule.

Questions Presented

1. Whether the evidence was sufficient to support petitioner's convictions for two counts of first-degree sexual abuse and one count of sexual abuse by a parent.
2. Whether the circuit court erred in denying petitioner's motion to suppress his recorded statement on the ground that it was not knowing, voluntary, and intelligent.
3. Whether three terms of court passed without trial in violation of West Virginia Code section 62-3-21, requiring dismissal of the prosecution.

Disposition

affirmed