State of West Virginia v. Carter Perry King

FILED No. 16-1208 – State of West Virginia v. Carter Perry King April 5, 2018 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS LOUGHRY, Justice, dissenting: OF WEST VIRGINIA In reversing the circuit court’s denial of the petitioner’s motion for a hearing pursuant to West Virginia Code § 27-6A-6, the majority has improperly intruded upon the discretion of the circuit court. In February of 2004, the petitioner was indicted by a grand jury on two counts of sexual abuse by a parent, guardian, or custodian and two counts of second- degree sexual assault. In a December 18,…