State ex rel. McClure v. Trent

504 S.E.2d 165, 202 W. Va. 338, 1998 W. Va. LEXIS 49
CourtWest Virginia Supreme Court
DecidedJune 22, 1998
DocketNo. 24202
StatusPublished
Cited by3 cases

This text of 504 S.E.2d 165 (State ex rel. McClure v. Trent) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. McClure v. Trent, 504 S.E.2d 165, 202 W. Va. 338, 1998 W. Va. LEXIS 49 (W. Va. 1998).

Opinion

PER CURIAM:1

This action is before this Court upon an appeal from a final order of the Circuit Court of Kanawha County entered on November 7, 1996. The circuit court denied a petition for writ of habeas corpus filed by the appellant, James McClure, seeking to have his convictions of first degree murder and malicious wounding reversed on the basis of alleged fraudulent testimony provided at his trial by former State Trooper Fred Zain. On appeal, appellant contends that the circuit court erred by denying him the opportunity to determine whether exculpatory evidence was withheld by the State prior to his trial. Appellant also contends that absent Trooper [340]*340Zain’s testimony, the remaining evidence presented at his trial was not sufficient to sustain his convictions.

This Court has before it the petition for appeal, all matters of record including the record from appellant’s criminal trial, and the briefs and argument of counsel. For the reasons set forth below, this Court affirms the final order.

I.

The appellant was convicted on February 7,1987, of the first degree murder of Marcus Rivers and the malicious wounding of Sandra Rivers.2 At trial, the evidence showed that the victims were found in their home on August 8,1986, five days after they had been shot. According to the State medical examiner, Marcus Rivers died instantly after receiving a bullet wound to the head. Sandra Rivers was shot twice in the head and suffered brain damage and memory loss. As a result, Ms. Rivers was not aware that she had been shot until a friend came to her home, discovered the crimes, and called the police.

Ms. Rivers testified that on Sunday, August 3, she took Marcus to a playground in the afternoon. She remembered arriving at home that evening and going to take a shower. She saw the appellant coming down the hallway as she went into the bathroom.3 Marcus was sitting on the floor just outside the bathroom door. Ms. Rivers recalled getting dizzy in the bathtub and falling out.4 When she came out of the bathroom, she found Marcus in the hallway, and thinking he was asleep, put him in his bed.5 Ms. Rivers said that appellant was still in the house at that time, and she asked him to get her some alcohol for her jaw which was hurting. She did not remember much about the following week.

Fred Zain, former state trooper and serol-ogist at the West Virginia State Police Serology Laboratory, prepared forensic reports on thirty-nine items taken from the victims’ home which contained blood stains. At appellant’s trial, Trooper Zain testified that he found blood stains on several of the items. He identified which victim was the source of each blood stain. Based, in part, on Trooper Zain’s testimony, Mark Carlson, a detective with the City of Charleston Police Department, testified regarding the location of various blood-stained exhibits in the victims’ home to explain the manner in which the crimes were committed. After hearing several days of testimony and viewing numerous exhibits, the jury convicted appellant of malicious wounding and first degree murder without a recommendation of mercy.

On March 11, 1994, pursuant to this Court’s decision in In the Matter of an Investigation of the West Virginia State Police Crime Laboratory, Serology Division, 190 W.Va. 321, 438 S.E.2d 501 (1993) (hereinafter Zain I)6, appellant filed a petition for writ of habeas corpus with this Court. The ease was remanded to the circuit court which denied the petition on April 24, 1996. The circuit court found that because the Zain evidence [341]*341did not inculpate the appellant, the remaining evidence was obviously sufficient to sustain the jury’s verdict. The circuit court also found that the Zain evidence could not have prejudiced the jury because Trooper Zain’s testimony that blood found at the scene belonged to the two victims was exactly what anyone would expect under the circumstances.7

On August 23, 1996, appellant filed a “Motion to Set Aside the Judgment” which denied the habeas relief and a “Motion for Production of Reports and Notes within the Possession of Law Enforcement Agencies.” These motions were based on allegedly newly discovered evidence of a pattern of withholding exculpatory evidence in habeas corpus cases based on Zain evidence in Kanawha County. Appellant argued that full inquiry into this matter was necessary to adequately test the sufficiency of the remaining evidence in his case once the Zain evidence was discarded. As reflected in the final order, the circuit court found that the proper procedure to assert the new grounds for relief would be the filing of a new petition for writ of habeas corpus. Additionally, the court found the allegations set forth in the motions were insufficient to warrant the relief requested. Accordingly, the motions were denied.

II.

In Syllabus Point 1 of State ex rel. Postelwaite v. Bechtold, 158 W.Va. 479, 212 S.E.2d 69 (1975), we held that: “Findings of fact made by a trial court in a post-conviction habeas corpus proceeding will not be set aside or reversed on appeal by this Court unless such findings are clearly wrong.” See also Syllabus Point 2, State ex rel. Kidd v. Leverette, 178 W.Va. 324, 359 S.E.2d 344 (1987). More recently, we have stated that:

In reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review.
We review the final order and the ultimate disposition under, an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review.

Phillips v. Fox, 193 W.Va. 657, 661, 458 S.E.2d 327, 331 (1995). See also Syllabus Point 1, Burnside v. Burnside, 194 W.Va. 263, 460 S.E.2d 264 (1995).

Appellant contends that the circuit court erroneously denied his “Motion to Set Aside Judgment” and “Motion for Production of Reports and Notes Within the Possession of Law Enforcement Agencies” because a fair weighing of the sufficiency of the remaining evidence cannot be conducted in a Zain case if evidence of innocence was withheld by the State.8 The basis for appellant’s argument is the discovery that exculpatory evidence was withheld by the State in two other criminal cases in Kanawha County. Appellant maintains that this discovery reveals a pattern of withholding exculpatory evidence in Kanawha County cases involving Trooper Zain, and therefore, he is entitled to determine whether any evidence was withheld in his case.

Appellant’s petition for writ of habeas corpus, filed in March 1994, was based solely on the contention that Trooper Zain helped wrongfully convict him.

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Bluebook (online)
504 S.E.2d 165, 202 W. Va. 338, 1998 W. Va. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mcclure-v-trent-wva-1998.