Christopher J. v. Ames (Signed Opinion)Annotate this Case
The Supreme Court affirmed in part and reversed in part the order of the circuit court denying Petitioner's petition for a writ of habeas corpus, holding that the circuit court erred in finding that W.Va. Code 61-11-23(b) of the Juvenile Sentencing Reform Act did not apply retroactively to Petitioner's sentence.
Petitioner, who was sixteen years old at the time he committed the offenses, was convicted of sexual assault in the first degree and sexual abuse by a parent, guardian, custodian, or person in a position of trust. The circuit court sentenced Petitioner to an aggregate sentence of thirty-five to seventy-five years of incarceration and fifty years of supervised release. The court further required Petitioner to register as a sexual offender for his lifetime. After the legislature enacted the Act, Petitioner brought this habeas corpus proceeding. The circuit court denied relief. The Supreme Court held (1) the circuit court erred in concluding that the legislature did not intend for section 61-11-23(b) to be applied retroactively; (2) Petitioner failed to establish that the State provided false and perjured testimony; and (3) Petitioner's sentence was not disproportionate.