State of West Virginia v. Clayton Eugene Rogers

This case is before the Court upon the appeal of the Petitioner, Clayton Eugene Rogers, from the April 7, 2011, 1 sentencing order of the Circuit Court of Kanawha County, West Virginia, wherein the Petitioner was sentenced to life in prison without mercy after a jury convicted him of first degree murder without a recommendation of mercy. The Petitioner argues that the trial court erred: 1) in determining that his statement was not taken in violation of the prompt presentment statute, West Virginia Code § 62-l-5(a)(l) (2010); 2) in denying the Petitioner’s due process rights when it denied…