West Virginia Lawyer Blog

The West Virginia Supreme Court has ordered a new trial for Rhonda Stewart, a 43-year old accused of killing her husband. Back in 2009, Ronda Stewart shot her estranged husband while he was in the intensive care unit at Charleston Area Medical Center. She claimed that she suffered from Battered Woman's Syndrome, but was nonetheless sentenced to life in prison with the possibility of parole in 15 years. The West Virginia Supreme Court's 3-2 decision reversed this conviction.

The Supreme Court's reasoning was that Rhonda Stewart was never given a fair trial. Kanawha County Circuit Judge Tod Kaufman never permitted evidence of battered women's syndrome into the trial. Had evidence been admitted, the Supreme Court stated, the jury might have reasonably found that Stewart's behavior was affected by years of abuse.

Background of the case is as follows: Stewart had been married to her husband, Sammy Stewart for 38 years (she was 16 when they married; he was 29). Husband and wife were estranged for several years, so that when Sammy was admitted to intensive care, he ordered Rhonda to leave. Rhonda later decided to go back to the hospital allegedly to commit suicide in front of her husband because "[she] wanted him to know that [she] wouldn't bother him any more." Instead, according to her testimony, Rhonda Stewart's pistol accidentally went off when she tried to wake her husband up.

One of the witnesses, a health unit coordinator for the MICU unit, testified that she heard Sammy Stewart's monitor beeping, and entered his room to find Rhonda "standing there with a gun to [his] head." Rhonda Stewart was arrested and indicted for first-degree murder. At her trial, the prosecutor claimed that Stewart intentionally and maliciously sought to kill a helpless man. Judge Kaufman then made the decision to not admit Battered Women's Syndrome evidence, stating: "There is no case law that existed in West Virginia that extends that defense to this remoteness in time." So Stewart's trial proceeded without the evidence, and Stewart has sat in jail since March of 2010.

We at the Wolfe Law Firm believe that the West Virginia Supreme Court made the right decision. While Stewart could yet be convicted of first-degree murder (her abuse allegedly took place three years before the shooting), it is important for all relevant evidence to be admitted. That Stewart was an abused spouse could be a significant factor in the jury's decision making.

Continue reading "West Virginia Supreme Court Overturns Conviction of Woman Who Killed Her Husband, Orders a New Trial" »

Americans have higher rates of gun ownership than ever before, and West Virginia is one of the states that leads the way. According to a Gallup poll, 47% of American adults report having a gun in their home, up 2 or 3% from back in 1993. West Virginia adults ranked fifth in the nation, with 55.4% carrying a gun.

The reasons for the rise in gun ownership -- or at least the reporting of gun ownership -- are not clear, though one private gun dealer speculates that it could be because many feared that President Obama would sign legislation that restricted gun use. Other reasons could be that many people want to take advantage of concealed carry, or are simply more comfortable with letting others know that they have a gun. The Gallup poll found that only 26% of people were in favor of a legal ban on the possession of handguns.

Gun ownership is a time-honored tradition in West Virginia. Like anything worth having, it is worth doing right. That is why those who own a gun should know how to use it responsibly. West Virginia requires individuals at least 21 years old to apply for a license: this involves providing (1) a $75 licensing fee, (2) important information such as a Social Security number, (3) proof of residency, (4) proof of mental competence, (5) proof that he or she does not have a substance abuse problem, and (6) proof that he or she has not committed a prior felony or other acts of violence. Sadly, even with these requirements, West Virginia ranks in the national top 10 for gun-related deaths, with 15 deaths per 100,000 residents. Some of these deaths are accidents and some are from murder.

The Wolfe Law Firm has represented many people accused of illegal gun use both in federal court and in West Virginia Circuit Court. In West Virginia, two notable charges are wanton endangerment involving a firearm and felony possession of a firearm. Wanton endangerment involving a firearm, or "wantonly perform[ing] any act with a firearm which creates a substantial risk of death or serious bodily injury to another" can carry up to five years in prison. Many people don't understand the consequences of their actions when they use a gun, which is why they need an experienced West Virginia criminal defense attorney to represent their interests. A criminal defense attorney could work to have their charges reduced, depending upon the circumstances.

Accidental shooting could also lead to a civil lawsuit, with the injured party suing the shooter for negligence. The injured party would argue that the shooter had a duty of care to the injured party to operate the gun according to state regulations. The shooter breached his or her duty by operating the gun carelessly. The breach resulted in the injured party's injury (getting shot) and the injured party suffered damage such as a gunshot wound. Besides being subject to the criminal code, the shooter could also be forced to pay a sum of money for the injured party's medical expenses and pain and suffering. That is why if you or your loved one is in such a situation, you should find an attorney to represent your interests as soon as possible.

West Virginia is the second highest state on an unflattering list: the number of prescription drug overdoses in the nation. Only New Mexico has more. It is also home to prescription pill trafficking, described by one U.S. Attorney as the "number one problem facing law enforcement in the Northern Panhandle."

Dubbed "America's Most Medicated State" in 2010, West Virginia physicians are the most likely to give out prescriptions -- 18.4 prescriptions per capita, to be exact. Many of these prescriptions are for valid purposes, as many West Virginians have "comorbid" conditions that require several drugs. More than 68% of people are obese, more than a quarter (27%) smoke, and 20% are disabled. At the same time, many people use and abuse prescription drugs for non-medical reasons. The ease of doling out prescriptions has made West Virginia a "source" state for people from other states who can't get prescription drugs as easily. Federal and state law enforcement agents are now working together to put a stop to trafficking crimes related to prescription drugs.

While drug trafficking is a legitimate concern, too many people face harsh sentences for minor drug possession. We at the Wolfe Law Firm have seen our share of drug cases at the state and federal level. On the federal level, the Wolfe Law Firm has defended criminal suspects against drug distribution charges brought by the FBI, the Bureau of Alcohol, Tobacco, and Firearms (ATF), and the U.S. Attorney's Office. At the state level, the firm has defended suspects accused of (1) possession of drugs with intent to deliver, (2) delivery of a controlled substance, and (3) manufacturing of a controlled substance. Anyone suspected of a drug crime would be wise to find an experienced West Virginia criminal defense attorney as soon as possible.

One reason is because of the United States Sentencing Guidelines, which can provide disproportionately harsh sentences for seemingly minor crimes. The Sentencing Guidelines use a sentencing table that contains the level of the crime, the zone of the crime (the zone dictated the length of the sentence), and criminal history. From there, the Sentencing Guidelines are meant to produce a fair sentence and create more certainty. Unfortunately, too often the Sentencing Guidelines have done the opposite. Only in 2010 did the Sentencing Guidelines eliminate the significant difference in sentences between possession of crack cocaine and possession of cocaine base. (Thankfully, the United States Sentencing Commission has voted to make the 2010 amendment retroactive.) While federal judges are not required to follow the Sentencing Guidelines (they are just "advisory"), many of them still do.

Being caught possessing drugs -- with no intent to sell or distribute them -- should not mean the loss of your freedom for years. That is why if you or your loved one are caught with drugs, an experienced attorney is crucial for your defense. Experienced criminal defense attorneys know how to get evidence thrown out if it is the product of an illegal search, or could successfully get a sentence reduced. If your loved one has been charged with drug trafficking, don't wait -- find a criminal defense attorney immediately.