State v. McLaughlin

WORKMAN, Justice:

This ease is before the Court upon an Order of the Circuit Court of Greenbrier County, West Virginia, certifying questions concerning the upcoming retrial of the mercy phase of the Defendant’s,1 Billy Ray McLaughlin’s, first degree murder case. After examining the briefs submitted,2 hearing oral arguments and reviewing the relevant law, the Court has reformulated the questions with answers as explained in detail below.3

I. Facts and Proceedings Below

On April 4,1995, the Defendant was indicted for the first degree murder of his wife in Pocahontas County, West Virginia.4 At his…