State v. Whittaker

650 S.E.2d 216, 221 W. Va. 117
CourtWest Virginia Supreme Court
DecidedJune 29, 2007
Docket33037
StatusPublished
Cited by26 cases

This text of 650 S.E.2d 216 (State v. Whittaker) 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. Whittaker, 650 S.E.2d 216, 221 W. Va. 117 (W. Va. 2007).

Opinions

PER CURIAM:

The appellant herein and defendant below, Valerie Whittaker [hereinafter “Ms. Whittaker”], appeals from the January 14, 2005, order of the Circuit Court of Mercer County rendered after a jury adjudged Ms. Whittaker guilty of voluntary manslaughter in the death of her longtime boyfriend. In its order, the court adopted the jury’s determination of guilt and sentenced Ms. Whittaker to a determinate term of ten years imprisonment. On appeal to this Court, Ms. Whittaker contends that the trial court erred by (1) not entering a judgment of acquittal1 based upon her claim of self-defense; (2) limiting the testimony of various defense witnesses; (3) refusing to admit certain evidence proffered by Ms. Whittaker; and (4) admitting statements made by Ms. Whittaker. Upon a review of the parties’ arguments, the record presented for our consideration, and the pertinent authorities, we affirm Ms. Whittaker’s conviction.

I.

FACTUAL AND PROCEDURAL HISTORY

At the time of the events relevant to this appeal, Valerie Whittaker and Jerry Calvin Mills, Jr. [hereinafter “Mr. Mills”], had been dating for approximately ten years and had one child together, J.W.2 Throughout the parties’ relationship, Ms. Whittaker frequently sought shelter for herself and her daughter at a local battered women’s shelter, her pastor’s home, and her aunt’s house in order to escape from Mr. Mills’ physical and emotional abuse.3 During this time, Ms. Whit-taker obtained four separate domestic violence petitions against Mr. Mills in an effort to protect her daughter and herself; three of these protective orders were never served on [123]*123Mr. Mills, including the one pending at the time of his death.4

The events leading up to the death of Mr. Mills began in the spring of 2003. In an effort to terminate their relationship, Ms. Whittaker purchased a mobile home and moved it to property adjoining the residence of her parents. Nevertheless, Mr. Mills left his home in Princeton and moved into Ms. Whittaker’s home with her and their daughter. Ultimately, Ms. Whittaker and J.W., apparently fearing Mr. Mills, left this residence and temporarily resided at Princeton Community Hospital where security guards could protect them twenty-four hours a day. Upon learning of their continued presence, hospital personnel directed Ms. Whittaker and J.W. to a local women’s shelter, where they stayed for approximately five days.5 During this time, the Mercer County Sheriffs Department unsuccessfully attempted to serve Mr. Mills with Ms. Whittaker’s latest domestic violence petition. Nevertheless, Mr. Mills was made aware of the petition’s existence when Ms. Whittaker called Mr. Mills’ friend, James Duncan [hereinafter “Mr. Duncan”], and asked his wife, Carolyn, to inform Mr. Mills of the petition.6

Thereafter, Ms. Whittaker and J.W. left the shelter and went to Ms. Whittaker’s aunt’s home, where they stayed for a few days. On June 25, 2003, Ms. Whittaker, with J.W., traveled to Princeton to keep a scheduled doctor’s appointment. Upon leaving the doctor’s office building, they encountered Mr. Mills in the parking lot, where he was waiting for them and allegedly threatened them. Driving in two separate vehicles, Ms. Whit-taker, with J.W., and Mr. Mills then drove to a nearby pharmacy to have prescriptions filled, to a gas station, and back to Ms. Whittaker’s mobile home. From there, they left in one vehicle to go to Mr. Duncan’s house to retrieve an item, where they stayed and visited for some time. Afterwards, Mr. Mills, Ms. Whittaker, and J.W. traveled to a convenience store and returned to Ms. Whit-taker’s home, at which time Mr. Mills began threatening to kill both Ms. Whittaker and J.W. Once inside the home, Mr. Mills picked up J.W. by her hair and her shirt and, as recounted by Ms. Whittaker, “rolled her ... across the floor like [a] bowlinfg] ball.” Apparently afraid of Mr. Mills’ next actions, Ms. Whittaker retrieved Mr. Mills’ .38 caliber revolver from a kitchen cabinet and shot him one time, instantly killing him. At the time of the shooting, Ms. Whittaker was approximately seventeen feet away from Mr. Mills.7

Immediately following the shooting, Ms. Whittaker, seemingly in a state of panic, placed a shotgun in Mr. Mills’ hand to bolster her claim of self-defense.8 She then called the West Virginia State Police to report her actions. Because they could not locate her house, the State Police asked Ms. Whittaker [124]*124to meet them at a local landmark. She then gave four statements to investigating officers: (1) in the state police car while she was being driven from the landmark back to her house, which statement was not recorded; (2) at her trailer, which statement was tape recorded; (3) at the state police barracks, which statement was not recorded and of which no notes were taken; and (4) in the state police car while she was being transported for arraignment before a magistrate in Princeton, which statement was not recorded.

The Mercer County grand jury returned an indictment on February 11, 2004, charging Ms. Whittaker with first degree murder.9 At the conclusion of her jury trial on September 3, 2004, the jury found Ms. Whittaker to be guilty of voluntary manslaughter.10 The trial court, by order entered January 14, 2005, then adopted the jury’s finding of guilt and sentenced Ms. Whittaker to a determinate term of ten years11 imprisonment in the state penitentiary.12 This appeal follows.13

II.

STANDARD OF REVIEW

In this case, we are asked to reverse the jury’s verdict finding Ms. Whittaker guilty of voluntary manslaughter. The burden Ms. Whittaker must bear to secure the reversal of her conviction is a heavy one. We previously have held that “a jury verdict should be set aside only when the record contains no evidence, regardless of how it is weighed, from which the jury could find guilt beyond a reasonable doubt.” Syl. pt. 3, in part, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995). With particular relevance to the instant appeal, we also have held that “[i]t is peculiarly within the province of the jury to weigh the evidence upon the question of self-defense, and the verdict of a jury adverse to that defense will not be set aside unless it is manifestly against the weight of the evidence.” Syl. pt. 5, State v. McMillion, 104 W.Va. 1, 138 S.E. 732 (1927). In arguing that her conviction should be reversed, Ms. Whittaker identifies many rulings of the trial court which she claims were erroneous. Because these alleged errors are considered under different standards of review, we will discuss these more specific standards in connection with the issues to which they pertain.

III.

DISCUSSION

On appeal to this Court, Ms. Whittaker assigns numerous errors to the circuit court’s [125]*125entry of judgment and sentence against her: (1) the trial court failed to enter a judgment of acquittal based upon her claim of self-defense; (2) the trial court limited the testimony of various defense witnesses; (3) the trial court refused to admit certain evidence proffered by Ms. Whittaker; and (4) the trial court erred by admitting Ms. Whittaker’s prior statements to police officers. We will address each of these assignments in turn.

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Cite This Page — Counsel Stack

Bluebook (online)
650 S.E.2d 216, 221 W. Va. 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-whittaker-wva-2007.