State of West Virginia v. Corbett Maurice Carter (Justice Bunn, dissenting)

FILED April 21, 2025 No. 23-277, State v. Carter released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS BUNN, Justice, dissenting: OF WEST VIRGINIA The majority’s conclusion that home incarceration, as a condition of pretrial bond or bail, is custody for the purposes of West Virginia Code § 61-5-10 (the “escape statute”) is at odds with the rule of lenity, which “ensures that criminal statutes will provide fair warning concerning conduct rendered illegal and strikes the appropriate balance between the legislature, the prosecutor, and the court in defining criminal…