Summary
The Supreme Court of Appeals of West Virginia affirmed the denial of Jessie Lee Suttle’s motion to suspend jail processing fees. The court held that Suttle failed to provide an adequate record, factual support, or legal authority establishing that fees were improperly imposed, deducted, or applied retroactively. The memorandum decision was issued under Rule 21 of the West Virginia Rules of Appellate Procedure.
Holdings
- Suttle was not entitled to relief because he failed to establish that fees were actually being deducted, the reason for any deductions, that he owed fees, or that the fees were being erroneously deducted.
- The Court may disregard appellate errors that are not adequately supported by specific references to the record and legal authority, and Suttle's inadequately supported claims did not establish prejudicial error.
- Questions of law and statutory interpretation presented on appeal from a circuit court are reviewed de novo.
Questions Presented
- Whether the circuit court erred by applying West Virginia Code § 15A-5-8 to Suttle's alleged jail or booking fees and thereby violating the constitutional prohibition against ex post facto laws.
- Whether the circuit court was required to consider Suttle's ability to pay the alleged fees.
- Whether the circuit court erred by denying the motion without sufficient findings of fact, conclusions of law, or an evidentiary hearing.
- Whether Suttle's appellate arguments were adequately supported by factual material, legal authority, and citations to the record.
Disposition
affirmed
Cases Cited (4)
- Chrystal R.M. v. Charlie A.L., 194 W. Va. 138, 459 S.E.2d 415 (1995)(followed)
- Blair v. Maynard, 174 W. Va. 247, 324 S.E.2d 391 (1984)(followed)
- State v. Kaufman, 227 W. Va. 537, 711 S.E.2d 607 (2011)(followed)
- United States v. Dunkel, 927 F.2d 955 (7th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…