State ex rel. Franklin v. Honorable R. Craig Tatterson (Signed Opinion)Annotate this Case
The Supreme Court granted the writ of prohibition sought by Petitioner, the prosecuting attorney of Jackson County, to prohibit the Circuit Court of Jackson County from enforcing its order suppressing all evidence of text messages between the defendant in the underlying criminal case and an accountant for the company from which she allegedly embezzled $306,000, holding that the circuit court committed a clear error of law in prohibiting the admission at trial of the text messages.
The circuit court found that W. Va. R. Evid. 408 precluded the admission of the text messages. On appeal, the State argued that although Rule 408 may be applicable in criminal proceedings, the text messages were not statements made for civil settlement purposes, and therefore, they should have been admitted at trial. The Supreme Court agreed, holding that because the text messages were not exchanged in the context of civil settlement negotiations, the circuit court erred in denying admission of the text messages.