State of West Virginia v. Frank Gene Thompson

WORKMAN, Chief Justice:

*62 A jury found Petitioner Frank Thompson guilty of four felony counts of driving under the influence ("DUI") causing death, two felony counts of child neglect resulting in death, and three misdemeanors. On appeal, Petitioner asserts the trial court's comments deprived him of his constitutional right to a fair trial by an impartial jury. He also challenges the sufficiency of the evidence on the felony convictions.

After review, we find that the trial court's comments at the beginning of the jury selection process tainted Petitioner's presumption of innocence and deprived…