State v. Day

Appellant Michael David Day was convicted by a jury in the Circuit Court of Cabell County, West Virginia, of first-degree murder and conspiracy. By order entered March 1, 2004, he was sentenced to life in prison without the possibility of parole. 1

In this appeal, Appellant argues his constitutional right to a fair trial was violated by the trial court’s admission of testimony by a witness not qualified to testify as a crime scene reconstruction expert; by the State’s introduction of certain photographs which were later deemed inadmissible; and by the court’s denial of his motion for a jury…