State of West Virginia v. Hagerman (Signed Opinion)
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Hagerman used a shotgun to kill his former brother-in-law, while drinking with friends at Hagerman’s home. Charged with first-degree murder, he argued self-defense. After his conviction for second-degree murder, a lesser included offense, Hagerman discovered that six individuals who reside in or near the community of Bradshaw, where the shooting occurred, had been selected for the jury panel but the circuit court had directed the circuit clerk not to call them. The trial court denied Hagerman a new trial, stating: No juror was excluded from the case on account of race, color, religion, sex, national origin, economic status or being a qualified individual with a disability. The six jurors were from a “tight-knit community” of approximately 259 people, would generally know each other, and would be aware of the local knowledge or gossip. The court reasoned that the jurors would have likely been removed from the jury panel based on their relationships with people involved in the case.
The West Virginia Supreme Court affirmed, rejecting arguments that the circuit court violated his right to a randomly selected jury representing a fair cross-section of the community and committed plain error when it instructed the jury on the offense of voluntary manslaughter.
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