State of West Virginia v. Justin Sean Gum

LOUGHRY, Justice:

Petitioner Justin Sean Gum (hereinafter “petitioner” or “Mr. Gum”) appeals from the September 14, 2012, order of the Circuit Court of Lewis County following a bench trial pursuant to West Virginia Code § 27-6A-6 (2013). The purpose of that proceeding, which the petitioner requested, was to give him the opportunity to establish any defenses to the charged offense of first degree murder, other than not guilty by reason of mental illness. At the conclusion of the subject hearing, the trial court ruled that the State had introduced sufficient evidence to prove only that Mr. Gum…