State v. Michael C. (Signed Opinion)
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The Supreme Court reversed the judgment of the circuit court convicting Defendant of one count of child abuse resulting in serious bodily injury, holding that the circuit court erred in refusing to admit the mother's prior conviction as impeachment evidence pursuant to W. Va. R. Evid. 609, and the error was not harmless.
The four-month-old victim suffered permanent and life-altering injuries as a result of non-accidental trauma. In his defense, Defendant sought to introduce evidence that two years earlier the mother had been convicted in Virginia of felony child endangerment for refusing to provide nutrition and medical care to her six-month-old child. The circuit court excluded the evidence under W. Va. R. Evid. 404(b) and refused to admit it for impeachment purposes under Rule 609. The Supreme Court reversed, holding (1) the circuit court clearly erred in excluding the evidence of the mother's prior felony conviction; and (2) the error was reversible, entitling Defendant to a new trial.
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