State v. Spade

This case is before the Court upon an appeal of the August 11, 2008, order of the Circuit Court of Berkeley County by the appellant, Mara Spade, through which the circuit court dismissed her appeal and affirmed her conviction in the magistrate court of one count of cruelty to animals. In this appeal, the appellant argues that she was denied due process when the circuit court dismissed her appeal from the magistrate court on the basis that it was prohibited under Rule 20.1(a) of the Rules of Criminal Procedure for the Magistrate Courts of West Virginia and when the magistrate court refused to…