West Virginia v. Timothy C. (Signed Opinion)
Annotate this CaseIn 2013, the petitioner was charged with nine counts involving his minor daughter, M.C., that pertained to three separate incidents of first-degree sexual assault (West Virginia Code 61-8B-3(a)(2)), sexual abuse by a parent (61-8D 5(a)), and incest (61-8-12). Two additional counts involved a single incident with A.O., a minor neighbor, and charged first-degree sexual abuse and sexual abuse by a custodian or person in a position of trust (61-8D-5(a)). Before trial, the state, possessing M.C.’s shirt on which semen had been found, unsuccessfully moved to compel a blood or a saliva sample from the petitioner. A month later, the state successfully sought and obtained saliva sample. The state then successfully moved to exclude the introduction of the DNA test results at trial because they eliminated the petitioner as a potential donor of the semen. The state argued the evidence would violate the rape shield law. The petitioner was convicted and sentenced to 50-165 years of incarceration. The Supreme Court of Appeals of West Virginia reversed as to M.C., based on the exclusion of the DNA evidence. The court upheld the admission of Rule 404(b) evidence (the testimony of four minors) for the purpose of showing the petitioner’s lustful disposition for children and rejected a challenge to the sufficiency of the evidence to establish that the petitioner was a “custodian” or “person in a position of trust. ”
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