State v. Schlatman (Per Curiam Opinion)
Annotate this CaseAfter a trial, Petitioner was convicted of second-degree sexual assault and sentenced to an indeterminate term of not less than nor more than twenty-five years. On appeal, Defendant argued that his right to a fair trial was violated when the trial court excluded a defense witness and denied Defendant’s request to inspect the victim’s medical and psychological records. The Supreme Court affirmed, holding (1) the trial court did not err in excluding the defense witness for failing to comply with the provisions of W. Va. R. Crim. P. 12.1 for the disclosure of alibi witnesses; and (2) the trial court correctly denied Petitioner access to the victim’s medical and psychological records because the records did not contain information that would have assisted Petitioner in the defense of his case.
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