State v. James L.P.

516 S.E.2d 15, 205 W. Va. 1, 1999 W. Va. LEXIS 14
CourtWest Virginia Supreme Court
DecidedApril 22, 1999
DocketNo. 25343
StatusPublished
Cited by4 cases

This text of 516 S.E.2d 15 (State v. James L.P.) 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. James L.P., 516 S.E.2d 15, 205 W. Va. 1, 1999 W. Va. LEXIS 14 (W. Va. 1999).

Opinions

PER CURIAM:

In the instant case, the appellant, James L.P.,1 appeals a May 11, 1998 order of the Circuit Court of Kanawha County. This order reaffirmed previous orders transferring the appellant from the circuit court’s juvenile jurisdiction to the court’s adult criminal jurisdiction — to face a murder charge.

The issue before this Court is whether the Circuit Court of Kanawha County committed reversible error in ordering the transfer.

In reviewing orders in juvenile-to-adult-jurisdiction transfer proceedings, we apply the deferential, “clearly erroneous” standard of review to factual findings by the circuit court; we review the circuit. court’s legal conclusions under the non-deferential, “de novo ” standard. As we stated in Syllabus Points 1, 2 and 3 of In the Matter of Steven William T., 201 W.Va. 654, 499 S.E.2d 876:

1. “ ‘Where the findings of fact and conclusions of law justifying an order transferring a juvenile proceeding to the criminal jurisdiction of the circuit court are clearly wrong or against the plain preponderance of the evidence, such findings of fact and conclusions of law must be reversed. W.Va.Code, 49-5-10(a) [1977] [now, 49-5-10(e) [1996]].’ Syl. pt. 1, State v. Bannister, 162 W.Va. 447, 250 S.E.2d 53 (1978).” Syl. Pt. 1, In re H.J.D., 180 W.Va. 105, 375 S.E.2d 576 (1988).
2. “Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995).
3.“The Court is constitutionally obligated to give plenary, independent, and de novo review to the ultimate question of whether a particular confession was obtained as a result of the delay in the presentment of a juvenile after being taken into custody before a referee, circuit judge, or a magistrate when the primary purpose of the delay was to obtain a confession from the juvenile. The factual findings upon which the ultimate question of admissibility is predicated will be reviewed under the deferential standard of clearly erroneous.” Syl. Pt. 2, State v. Hosea, 199 W.Va. 62, 483 S.E.2d 62 (1996).

We begin our discussion by setting forth the text of the circuit court’s order, wherein most of the pertinent facts of the instant case are set forth. We then discuss the contentions of the appellant as to why the circuit court’s order was erroneous and should be reversed.

The order in question states as follows:

AMENDED ORDER ON STATE OF , WEST VIRGINIA’S MOTION TO TRANSFER AND ORDER ON DEFENDANT’S MOTION FOR RECONSIDERATION OF TRANSFER
On the 24th day of September, 1997, came the State of West Virginia by J. Christopher Krivonyak and K. Michele Drummond, Assistant Prosecuting Attorneys for Kanawha County; and came the juvenile respondent, in person and by his counsel, Theresa R. Chisolm, Assistant Public Defender, on the State’s motion to transfer the above-styled action to the criminal jurisdiction of the Court.
Whereupon, a hearing on the motion was held in camera. The State presented evidence through the testimony of Detective Richard L. Westfall of the Charleston Police Department' regarding a statement taken from the respondent. The juvenile respondent presented evidence through the testimony of the juvenile respondent, [4]*4JAMES L.[P.], and his mother, Annette White, concerning parental notification.
In consideration of the evidence presented and the oral arguments of counsel, and the entire record in this case, the Court hereby makes the following findings:
1. James L.[P.], whose date of birth is February 15, 1980, was sixteen (16) years of age at the time of the alleged acts as set forth in the petition.
2. On February 11, 1997, at approximately 6:30 p.m., during an illegal drug transaction the respondent shot and killed Ronnie New with a firearm on Hunt Avenue in Charleston, Kanawha County, West Virginia. The respondent fled the scene and remained at large until he gave a statement to detectives on April 17, 1997.2
3. The victim suffered a gunshot wound to the neck and upper shoulder area.
4. Detectives with the Charleston Police Department developed the respondent as a suspect.
5. On April 17, 1997, Detectives West-fall and Shannon went to Capitol High School to speak with the respondent.
6. At the school, Detective Westfall asked the respondent to accompany them to the police department to talk to them about an incident.
7. The respondent agreed. The respondent was not handcuffed or secured in any manner. The respondent was not placed under arrest or taken into custody.
8. Detective Westfall testified that he did not have probable cause to arrest the respondent.
9. Between 10:00 o’clock a.m. and 10:10 o’clock a.m., the detectives and the respondent left the school and drove to the Charleston Police Department and entered a room on the second floor.
10. The respondent was advised of his rights. The detectives used a form entitled “Charleston Police Department Juvenile Interview & Miranda3 Rights Form.” This process began at 10:25 o’clock a.m. and ended at 10:30 o’clock a.m.
11. On the date the form was executed, the respondent was seventeen (17) years of age and had completed eleven (11) years of school. The respondent appeared to be an intelligent person able to read, write, and speak the English language. Further, the respondent related to the Court that he was an A and B student.
12. The respondent initialed and signed the form acknowledging that he understood the following information. “You are being questioned in regard to murder however, you are not under arrest and are free to leave at any time. Before we ask you any questions, you must understand your rights. You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions and to have him/her with you during questioning. If you are under arrest and cannot afford a lawyer, the court will appoint one for you before any questioning at your request. If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer. If you are arrested, you have the right to a detention hearing. I have had this statement of my rights read to me and I understand them. I do not want a lawyer at this time. I understand and know what I am doing.

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Related

State v. Rush
639 S.E.2d 809 (West Virginia Supreme Court, 2007)
In Re James LP
516 S.E.2d 15 (West Virginia Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
516 S.E.2d 15, 205 W. Va. 1, 1999 W. Va. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-james-lp-wva-1999.