State of West Virginia v. Rodney L. Hypes

This case is before the Court upon the appeal of the Petitioner, Rodney L. Hypes, from the August 12, 2011, Order of the Circuit Court of Nicholas County, West Virginia, re-sentencing the Petitioner to a term of not less than two years nor more than ten years imprisonment for his jury conviction of operating or attempting to operate a clandestine drug laboratory. On appeal, the Petitioner argues that the circuit court erred by admits ting into evidence the Petitioner’s statement made two years after the events alleged in the indictment and by denying the Petitioner’s motion for judgment of…