State v. Fleming

784 S.E.2d 743, 237 W. Va. 44, 2016 W. Va. LEXIS 144
CourtWest Virginia Supreme Court
DecidedMarch 7, 2016
DocketNo. 14-1141
StatusPublished
Cited by11 cases

This text of 784 S.E.2d 743 (State v. Fleming) 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 v. Fleming, 784 S.E.2d 743, 237 W. Va. 44, 2016 W. Va. LEXIS 144 (W. Va. 2016).

Opinion

WORKMAN, Justice:

This is an appeal by Chris Wade Fleming (hereinafter “the petitioner”) from a jury conviction of twelve counts of wanton endangerment, one count of attempted murder, and one count of fleeing in reckless indifference to the safety of others. The petitioner appeals the trial court’s denial of a new trial. Upon thorough evaluation of the arguments of counsel, the record, and pertinent authority, this Court affirms the decision of the trial court.

I. Factual and Procedural History •

On September 3, 2012, the petitioner en- ■ gaged in an argument with his wife and stepdaughter. He departed the family home and drove his Jeep through the yard of Jason Ludwick, a resident of Capon Bridge, West Virginia. Mr. Ludwick observed the petitioner driving through Ms property and pursued Mm in Ms own veMcle. The petitioner stopped along the road and threatened to shoot Mr. Ludwick, and Mr. Ludwick thought he heard a gunshot as he departed. Mr. Ludwick drove approximately one mile and stopped at the home of Brian Slade. At Mr. Ludwick’s request, Mr. Slade called 911 and reported the encounter between the petitioner and Mr. Ludwick. As Mr. Ludwick proceeded toward Ms own home, he passed the petitioner and heard more gunshots.

Unbeknownst to Mr. Ludwick, his wife had left their residence to search for him. According to her subsequent testimony, when Mrs. Ludwick encountered the petitioner parked beside the road in Ms Jeep, he informed her that Mr. Ludwick was in the river. He then pointed Ms rifle at her and threatened to shoot her in the face. Mrs. Ludwick went home and called 911, believing her husband might have been shot and placed in the river.

Mr. Slade also left Ms residence in an attempt to locate the petitioner. He observed the Jeep and followed it to obtain its license number. The petitioner stopped and exited the vehicle with a rifle in Ms hand. As Mr. Slade turned to drive away, bullets Mt his vehicle.

HampsMre County Sheriffs deputies arrived shortly thereafter and pursued the petitioner. When the petitioner turned Ms vehicle to face the police, he exited Ms veMcle, approached the officers, and fired Ms weapon. The petitioner surrendered after one of the deputies fired at Mm. He was cooperative throughout the ensuing investigation and indicated he could not recall the exact details of the events.

The petitioner was indicted on January 3, 2013, and filed a notice of mental defense on January 16, 2013, citing Ms post-traumatic stress disorder (hereinafter “PTSD”) ac[50]*50quired during his military service in the Iraq war.1 On March 14, 2013, the trial court ordered a psychological evaluation of the petitioner's competency to stand trial. Gregory Trainor, the court-appointed evaluator and licensed psychologist, submitted an April 29, 2013, report (hereinafter “Trainor report”) finding the petitioner competent to stand trial but unable to comprehend the nature or quality of his criminal behavior due to PTSD. The Trainor report found the petitioner’s capacity to appreciate the wrongfulness of his behavior was moderately to severely diminished.

During a July 1, 2013, pretrial hearing, the parties advised the trial court of ongoing negotiations toward a plea agreement, whereby the petitioner would plead guilty by reason of insanity. At that time, the parties advised the court that they were continuing to discuss the number of counts to be included in the plea agreement. The State further advised the trial court that it was not' likely to rebut the petitioner’s temporary insanity defense. At the conclusion of that hearing, the trial court indicated its uncertainty about accepting such a plea and continued the matter in order to conduct further research.

Another hearing was held on July 9, 2013. On appeal, the petitioner asserts that he was prepared to enter his plea at that hearing, pursuant to a written agreement with’ the State. However, the petitioner did not make a motion for the court to consider a proposed plea agreement. At the outset of the hearing, the trial court ordered the petitioner to undergo a second evaluation for assessments of competency and criminal responsibility. The trial court had arranged for an examination of the petitioner by psychiatrist, Dr. Thomas Adamski.

Dr. Adamski submitted a September 4, 2013, report (hereinafter “Adamski report”) finding the petitioner both competent to stand trial and criminally responsible for his conduct. Based on Dr. Adamski’s report, the State ultimately withdrew its plea offer. An October 16, 2013, hearing was conducted on the petitioner’s motion for a Rule 11 plea hearing.2 The petitioner argued the trial court had abandoned its impartial role and impermissibly participated in the plea bargaining process. The plea agreement, as originally proposed, was filed with the court at that time. On October 18, 2013, the trial court denied the petitioner’s motion for a Rule 11 hearing on the plea bargain issue. The trial court articulated the basis for its denial, as follows:

The Court finds that Mr. James [prosecuting attorney] indicated, on October 16, 2013, that the -original plea offer tendered to Defendant on June 30, 2013, was based entirely upon the initial Psychological Evaluation findings of Mr. Trainor that Defendant was not criminally responsible. Subsequently, when the results of the second evaluation, a Forensic Psychiatric Evaluation prepared by Dr. Adamski, found that in his opinion Defendant was in fact criminally responsible, the entire posture of the case and the appropriate disposition made the earlier plea offer no longer acceptable to the State.

The trial court further ruled that the State was at liberty to withdraw its plea offer “because Defendant has not yet pled guilty and because the plea offer was not approved by the Court.”

The petitioner relied upon an insanity theory of defense during a two-day trial, commencing July 15, 2014. The jury convicted the petitioner of twelve counts of wanton endangerment, one count of attempted murder, and one count of fleeing in reckless indifference to the safety of others. He was sentenced on October 2, 2014. The trial court denied the petitioner’s motion for a new trial on October 10, 2014, and this appeal followed.

II. Standard of Review ■

The petitioner raises multiple assignments of error on appeal. This Court generally evaluates appeals under the following standard of review:

[51]*51In reviewing challenges to findings and rulings made by a circuit court, we apply a two-pronged defei’ential standard of review. We review the rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error 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 rife novo review.

Syl. Pt. 3, State v. Vance, 207 W.Va. 640, 535 S.E.2d 484 (2000). Because this case requires the examination and application of numerous standards of review, this Court will discuss any other appropriate standards in conjunction with analysis of the separate issues below.

III. Discussion

A. Proposed Plea Agreement

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of West Virginia v. M.W.
West Virginia Supreme Court, 2024
Kevin D. v. Alexandria D.
West Virginia Supreme Court, 2024
State of West Virginia v. Charles Eric Ward
West Virginia Supreme Court, 2023
State of West Virginia v. Joseph Arnold Farrell
West Virginia Supreme Court, 2020
Todd Bowen v. Sugarcreek, Inc.
West Virginia Supreme Court, 2020
Kahler v. Kansas
589 U.S. 271 (Supreme Court, 2020)
State of West Virginia v. Shannon Scott Hines
West Virginia Supreme Court, 2019
State of West Virginia v. Benny W.
West Virginia Supreme Court, 2019
State of West Virginia v. Damon Daniel Greenfield
West Virginia Supreme Court, 2019
State of West Virginia v. Michael S. Sites
West Virginia Supreme Court, 2019

Cite This Page — Counsel Stack

Bluebook (online)
784 S.E.2d 743, 237 W. Va. 44, 2016 W. Va. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fleming-wva-2016.