State of West Virginia v. Harry Smith

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS State of West Virginia, Plaintiff Below, Respondent FILED September 18, 2015 vs) No. 14-0756 (Cabell County 12-F-63) RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Harry Smith, Defendant Below, Petitioner MEMORANDUM DECISION Petitioner Harry Smith, by counsel Richard W. Weston, appeals the jury verdict and resentencing order related to his conviction for second degree murder. Respondent State of West Virginia (“State”), by counsel Sean Hammers, filed a response in support of the circuit court’s order, to which petitioner…