State of West Virginia v. Brendan W

FILED June 2, 2026 No. 23-558 – State of West Virginia v. Brendan W. released at 3:00 p.m. C. CASEY FORBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA WOOTON, Justice, concurring, in part, and dissenting, in part: I concur in the majority’s holdings, and in the underlying reasoning, that Count Four of the indictment charged the petitioner with a violation of West Virginia Code section 61-8B-7(a)(1) and was insufficient to charge him with a violation of West Virginia Code section 61-8B-7(a)(3); that the jury instruction on West Virginia Code 61-8B-7(a)(3) amounted to an improper amendment…