State of West Virginia v. Adkins (Signed Opinion)
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The case involves Rachel Louise Adkins, who was charged with one felony count of driving under the influence causing death, along with four misdemeanor charges. Adkins entered a Kennedy plea in the Circuit Court of Cabell County, under the impression that she would be sentenced to home confinement, based on off-the-record plea discussions with the court. However, the court sentenced her to not less than two nor more than ten years of incarceration. Adkins objected, stating that she entered the plea because the court had promised to sentence her to home confinement.
The Circuit Court of Cabell County denied Adkins's motion to withdraw her guilty plea and resentenced her for the purpose of this appeal following her conviction for DUI causing death. Adkins appealed to the Supreme Court of Appeals of West Virginia, arguing that she would not have accepted the plea had the court not promised to sentence her to home confinement.
The Supreme Court of Appeals of West Virginia reversed the lower court's decision. The court found that the lower court's participation in plea discussions was a violation of Rule 11 of the West Virginia Rules of Criminal Procedure, which explicitly prohibits judicial participation in plea discussions with criminal defendants. The court concluded that this violation constituted plain error, affecting the fairness, integrity, and public reputation of the judicial proceedings. The case was remanded with directions to allow Adkins to withdraw her plea and for assignment to a different circuit court judge.
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